IN THE CASE OF: BOARD DATE: 31 May 2018 DOCKET NUMBER: AR20160008021 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: 31 May 2018 DOCKET NUMBER: AR20160008021 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 his Vietnam service. 2. The applicant states according to his last notice from the Claims Office (Department of Veterans Affairs (VA)), his DD Form 214 does not show his service in Vietnam. 3. The applicant provides page 3 of his VA letter. 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 21 September 1966 and he held military occupational specialty 76Y (Unit Supply Specialist). 3. Special Orders (SO) Number 267, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, on 10 November 1966 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. He served in Vietnam, U.S. Army Pacific (USARPAC), from on or about 28 August 1967 to on about 27 August 1968. He was assigned to Company B, 554th Engineer Battalion (Construction). 5. He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 27 August 1968. His DD Form 214 shows he completed 1 year, 11 months, and 7 days of active service. It also shows in: * Item 22c (Foreign Service) – 1 year of foreign service * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal * Item 30 (Remarks) – no entry documenting service in Vietnam 6. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. 7. He provides page 3 of what appears to be a letter from the VA in response to his claim for service-connection. It states the VA has confirmed that he had in- country service in the Republic of Vietnam. It also states his service treatment records, DD Form 214, and service personnel file show no in-country service in the Republic of Vietnam during the Vietnam era. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The instructions stated a DD Form 214 would be issued at the time of separation. The instructions also stated: a. For item 22c, enter the total period of active duty service performed outside the continental limits of the United States and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)." b. For item 24, enter awards and decorations. c. For item 30, enter mandatory entries and/or entries that are too long for their respective blocks. d. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in the remarks section of the DD Form 214 (items 18, 28, or 30 depending upon the year of the DD Form 214) as follows: "VIETNAM SERVICE: FROM (date) TO (date)." 2. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, from on or about 28 August 1967 to on or about 27 August 1968, the applicant participated in the following campaigns: * Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968 * Tet Counteroffensive, 30 January 1968—1 April 1968 * Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968 * Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign participation Credit Register) shows the 554th Engineer Battalion was awarded the: * Meritorious Unit Commendation for the period 14 April 1967 to 14 February 1968 * Meritorious Unit Commendation for the period 15 February 1968 to 31 October 1968 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April 1967 to 31 August 1968 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 to 9 February 1970 9. 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 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. There must have been no convictions by a court-martial. DISCUSSION: 1. The applicant’s DD Form 214 covered a total period of 1 year, 11 months, and 7 days that included his 1 year of foreign service. However, the theater of his foreign service, USARPAC, was not listed in item 22c of his DD Form 214 as required by regulation. 2. Additionally, a later version of the regulation required that the inclusive dates of service in Vietnam be listed in the Remarks section of the DD Form 214. He served in Vietnam from on or about 28 August 1967 to on about 27 August 1968. 3. As a related issue, based on his service in Vietnam: a. He was awarded the Vietnam Service Medal. He also participated in four campaigns during his service in Vietnam. He is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal. b. His unit in Vietnam was awarded two awards of the Meritorious Unit Commendation, as well as the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. None of these unit awards are listed on his DD Form 214. c. He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). This badge is not listed on his DD Form 214. d. He appears to have met the criteria for award of the Army Good Conduct Medal (1st Award) in that his service record does not show he was disqualified from receiving the award. He attained the rank/grade of SGT/E-5, served in Vietnam, and received all "excellent" conduct and efficiency ratings throughout his service. 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 awarding him the Army Good Conduct Medal (1st Award) for the period 21 September 1966 through 27 August 1968 and amending his DD Form 214 by: * Adding to item 22c (Foreign and/or Sea Service) the entry "USARPAC" * Deleting from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Vietnam Service Medal and adding: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M- 14) * Adding to item 30 (Remarks) of his DD Form 214 the entry "Vietnam Service 19670828 To 19680827" 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160008021 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008021 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2