BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005853 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: 19 December 2017 DOCKET NUMBER: AR20160005853 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 15 December 1967 through 5 December 1970; and b. amending his DD Form 214 for the period ending 5 December 1970 by deleting the Vietnam Service Medal and the Vietnam Campaign Medal and adding the: * Army Good Conduct Medal (1st Award) * Armed Forces Expeditionary Medal * Korea Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) ____________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. BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005853 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, through a Member of Congress, removal of the Vietnam Service Medal and the Vietnam Campaign Medal from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he never served in the Republic of Vietnam. In a self-authored letter with his application, he stated the only overseas assignments he served were in the Republic of Korea and on Okinawa. 3. The applicant provides a copy of his DD Form 214, a self-authored statement, and a request from the office of his Member of Congress. 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 was inducted into the Army of the United States on 11 December 1967 and was honorably discharged on 14 December 1967 to enlist in the Regular Army. He enlisted in the Regular Army on 15 December 1967. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service), he served in the Republic of Korea from on or about 23 June 1969 through on or about 26 January 1970, and on Okinawa from on or about 26 January 1970 through on or about 7 December 1970; b. Item 38 (Record of Assignments), no entries that indicate he served in the Republic of Vietnam; c. Item 38, he had all "excellent" conduct and efficiency ratings throughout his period of military service; and d. Item 41 (Awards and Decorations), he was awarded the National Defense Service Medal and the Armed Forces Expeditionary Medal. 4. The applicant was honorably released from active duty on 5 December 1970. His DD Form 214 shows in: a. Item 22b (Total Active Service), he was credited with completing 2 years, 11 months, and 25 days of total active service; b. Item 22c (Foreign and/or Sea Service), he was credited with 1 year, 6 months, and 13 days of foreign service in U.S. Army Pacific; c. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal. 5. The applicant's record is void of documentation that shows he was awarded the Army Good Conduct Medal. However, despite the absence of award orders, there is no evidence he was convicted by court-martial of violations of the Uniform Code of Military Justice, or evidence that confirms his commander contemplated or took action to deny him his initial award of the Army Good Conduct Medal. 6. Special Orders Number 240, issued by the U.S. Army Missile and Munitions Center and School, Redstone Arsenal, AL on 31 October 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 7. Special Orders Number 304, issued by Headquarters, Eighth U.S. Army on 31 October 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that: a. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b. 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. 2. Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Active Army. It provided that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3-year period of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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. DISCUSSION: 1. The applicant requests removal of the Vietnam Service Medal and the Vietnam Campaign Medal from his DD Form 214. 2. The applicant states he never served in the Republic of Vietnam, and as a result, he was not authorized or entitled to the aforementioned awards listed on his DD Form 214. The evidence of record confirms his contention as there is no evidence that shows he ever served in the Republic of Vietnam for entitlement to the Vietnam Service Medal or the Vietnam Campaign Medal. As such, these awards appear to have been erroneously entered on his DD Form 214. 3. The applicant served honorably on active duty from 15 December 1967 through 5 December 1970. During this period, he received all "excellent" conduct and efficiency ratings and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service. Additionally, there is no evidence his commander contemplated or took action to deny him his initial award of the Army Good Conduct Medal. 4. The applicant's DA Form 20 shows he was awarded the Armed Forces Expeditionary Medal; however, this award is not shown on his DD Form 214. 5. The evidence of record does show the applicant served in the Republic of Korea from on or about 23 June 1969 through on or about 26 January 1970. This is a qualifying period for award of the Korea Defense Service Medal. This award is not shown on his DD Form 214. 6. Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). These marksmanship awards are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005853 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005853 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2