BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160004576 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160004576 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 12 April 1965 through 11 April 1968, b. adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation c. adding the entry "Vietnam Service: 8 August 1966 to 26 July 1967" to item 30 of his DD Form 214. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160004576 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. the entry "Vietnam" instead of "USARPAC [U.S. Army Pacific]" in item 22c (Foreign and/or Sea Service) and b. award of the Republic of Vietnam Campaign Medal with Device (1960) and Vietnam Service Medal with one bronze service star in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). 2. The applicant states his DD Form 214 does not reflect that he is a Vietnam veteran. 3. The applicant provides: * letter from the National Personnel Records Center, dated 14 May 2012 * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 12 April 1965 for a period of 3 years. 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he received credit for service in USARPAC (Vietnam) from 8 August 1966 through 26 July 1967. 4. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the 27th Maintenance Battalion, 1st Cavalry Division, Vietnam, effective 21 September 1966. He was reassigned to Company A, 84th Engineer Battalion (Construction), Vietnam, USARPAC, effective 3 November 1966. He received all "excellent" conduct and efficiency ratings throughout his service. 5. He participated in two campaigns during his assignment in Vietnam. 6. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar 7. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 8. On 11 April 1968, he was honorably released from active duty in the rank of specialist four/E-4 after completing 3 years of creditable active service with no lost time. 9. Item 22c of his DD Form 214 shows he completed 11 months and 19 days of foreign service in the USARPAC theater of operations. 10. Item 24 of his DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar 11. Item 30 (Remarks) of his DD Form 214 shows no service in Vietnam. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. A bronze service star is worn on the Vietnam Service Medal for each credited campaign. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows: a. The 27th Maintenance Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 9 August 1965 to 19 May 1969 in Department of the Army General Orders Number 59, dated 1969. b. The 84th Engineer Battalion was awarded the Meritorious Unit Commendation during the period 1 June 1966 to 31 October 1967 in Department of the Army General Orders Number 5, dated 1969. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. This regulation provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block. DISCUSSION: 1. The applicant requests correction of item 22c of his DD Form 214 to show the entry "Vietnam" instead of "USARPAC." 2. The evidence of record shows he served in Vietnam in the USARPAC theater of operations from on or about 8 August 1966 to 26 July 1967 (11 months and 19 days). This information is properly shown in item 22c of his DD Form 214. 3. As a related issue, item 30 of his DD Form 214 does not show his dates of service in Vietnam (8 August 1966 to 26 July 1967). 4. Based on his service in Vietnam and participation in two campaigns, he is authorized award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 does not show these medals. 5. He completed 3 years of active service ending with his release from active duty on 11 April 1968. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 12 April 1965 through 11 April 1968. This award is not shown on his DD Form 214. 6. The 27th Maintenance Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 does not show this unit award. 7. The 84th Engineer Battalion was cited for award of the Meritorious Unit Commendation during his period of assignment. His DD Form 214 does not show this unit award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004576 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004576 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2