IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160005339 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 IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160005339 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 19 March 1968 through 21 October 1969 and b. amending his DD Form 214 for the period ending 21 October 1969 by adding the following awards: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Meritorious Unit Commendation (2nd Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * two overseas service bars ___________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: 9 January 2018 DOCKET NUMBER: AR20160005339 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) or the issuance of DD Form 215 (Correction to DD Form 214) to show he was awarded or authorized the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and two overseas service bars. He also request to be issued the medals. 2. The applicant states, in effect, he served in the Republic of Vietnam and was awarded or authorized those decorations; he wants to ensure he is eligible for Department of Veterans Affairs (VA) benefits. 3. The applicant provides a copy of his DD Form 214 and an extract of his DA Form 20 (Enlisted Qualification Record). 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. Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served. For Army personnel, the National Personnel Records Center (NPRC) will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Written requests with appropriate supporting evidence may be addressed to the NPRC, 1 Archives Drive, St. Louis, MO 63138. Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command, Clothing and Heraldry, Post Office Box 57997, Philadelphia, PA 19111. Any awards authorized as a result of these proceedings will be ordered and shipped to the applicant by the U.S. Army Tank Automotive and Armaments Command. Based on the foregoing, the issuance of the applicant's medals will not be discussed further in this Record of Proceedings. 3. The applicant was inducted into the Army of the United States on 19 March 1968. He completed training and was awarded military occupational specialty (MOS) 52B (Generator Equipment Mechanic). 4. The applicant's DA Form 20 shows in: a. Item 29 (Qualification in Arms), he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 24 April 1968 and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 5 August 1968. b. Item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 19 September 1968 through on or about 18 September 1969. c. Item 38 (Record of Assignments), he was assigned to 374th Radio Research (RR) Company, 4th Infantry Division during his service in the Republic of Vietnam. He achieved "excellent" conduct and efficiency ratings throughout his period of military service. d. Item 41 (Awards and Decorations), he was awarded or authorized the: * National Defense Service Medal, shown as the "NDSM" * Vietnam Service Medal, shown as the "VNSM" * Republic of Vietnam Campaign Medal with Device (1960), shown as the "RVNCM" * two overseas service bars, shown as "2 O/S Svc Bars (RVN)" 5. The applicant was honorably released from active duty on 21 October 1969. His DD Form 214 shows he completed 1 years, 7 months, and 3 days of total active service, including 1 year, 1 month, and 2 days of foreign service. His DD Form 214 shows he was awarded only the NDSM. 6. There is no indication in the applicant's available record that shows he was awarded the Army Good Conduct Medal. Notwithstanding the lack of award orders, there is no evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that: a. The Marksmanship Qualification Badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification should be shown as: Expert Marksmanship Qualification Badge with Rifle Bar. b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Table B-1 shows that during his service in Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968) * Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969) * Tet 69 Counteroffensive (23 February 1969 – 8 June 1969) * Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) 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 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, and he/she could not have been convicted by 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. a. This pamphlet shows the unit to which the applicant was assigned was cited for the following: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service during the period 1 January 1967 through 28 July 1969, by Department of the Army General Orders (DAGO) Number 52, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service during the period 29 July 1969 through 17 November 1970, by DAGO Number 52, dated 1971 * Meritorious Unit Commendation for service during the period 1 July 1968 through 30 June 1969, by DAGO Number 51, dated 1971 * Meritorious Unit Commendation for service during the period 1 July 1969 through 31 December, by DAGO Number 43, dated 1972 b. This pamphlet states not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. DISCUSSION: 1. The applicant request for correction of his DD Form 214 (or the issuance of DD Form 215) to show he was awarded or authorized the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and two overseas service bars. 2. The applicant's DA Form 20 shows he served in the Republic of Vietnam from on or about 19 September 1968 through on or about 18 September 1969. It further shows he was awarded or authorized the following decorations, which are not shown on his DD Form 214: * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * two overseas service bars 3. The applicant participated in four campaigns during his service in the Republic of Vietnam. Accordingly, he is authorized four bronze service stars for wear on his Vietnam Service Medal. However, neither the Vietnam Service Medal nor the corresponding bronze service stars are shown on his DD Form 214. 4. General orders awarded his unit of assignment in the Republic of Vietnam the following citations or commendations, which are not shown on his DD Form 214: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service during the period 1 January 1967 through 28 July 1969, by DAGO Number 52, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service during the period 29 July 1969 through 17 November 1970, by DAGO Number 52, dated 1971 * Meritorious Unit Commendation for service during the period 1 July 1968 through 30 June 1969, by Department of the Army General Orders (DAGO) Number 51, dated 1971 * Meritorious Unit Commendation for service during the period 1 July 1969 through 31 December, by DAGO Number 43, dated 1972 5. The applicant served honorably from 19 March 1968 through 21 October 1969. His record shows he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of any disciplinary or derogatory actions or a commander's disqualification statement that would have precluded him from being awarded the first award of the Army Good Conduct Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005339 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005339 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2