BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160011289 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160011289 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal and b. adding to his DD Form 214: * Bronze Star Medal * Army Commendation Medal (2nd Award) * Army Good Conduct Medal (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) * Vietnam Service Medal with one silver and two bronze service stars * Meritorious Unit Commendation (3rd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Overseas Service Bar (4) * RVN: 6JUL68-4FEB70 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. _________________________ 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: 10 April 2018 DOCKET NUMBER: AR20160011289 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 add the Bronze Star Medal (BSM), Vietnam Service Medal (VSM) with 1 silver and 1 bronze service star, Army Commendation Medal (ARCOM) (2nd Award), Army Good Conduct Medal (AGCM), and 5 Overseas Service Bars (OSB). He further requests correction of item 30 (Remarks) to show first period of service in the Republic of Vietnam (RVN) for the period 6 July 1968 through 4 February 1970. 2. The applicant states the information was omitted from his DD Form 214. 3. The applicant provides: * a letter * DD Form 4 (Enlistment Record – Armed Forces of the United States) * two DA Forms 87 (Certificate of Training) * four DA Forms 2139-1 (Military Pay Voucher) * 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. The applicant enlisted in the Regular Army on 22 August 1967. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows: a. he served in the RVN for the period 6 July 1968 to 4 February 1970, a period of 1 year and 7 months. Item 38 (Record of Assignments) shows he was assigned to the 408th Radio Research Detachment from 4 August to 30 November 1968 and to the 328th Radio Research Company from 1 December 1968 through 4 February 1970; b. he served a second tour in the RVN for the period 30 June 1970 to 30 April 1971, a period of 10 months and 1 day. Item 38 shows he was assigned to the 138th Aviation Company from 6 July to 15 September 1970 and the 328th Radio Research Company from 16 September 1970 to 26 April 1971. 4. Special Orders Number 291 issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood on 18 October 1967 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 5. Special Orders Number 122 issued by Headquarters, U.S. Army Security Agency Training Center & School on 6 June 1968 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 6. General Orders Number 13288 issued by Headquarters, Americal Division on 29 December 1969 awarded him the ARCOM (1st oak leaf cluster). 7. General Orders Number 11 issued by Headquarters, 313th Radio Research Battalion on 17 December 1970 awarded him the AGCM (1st Award). 8. General Orders Number 1486 issued by Headquarters, 23d Infantry Division on 8 February 1971 awarded him the BSM. 9. On 1 May 1971, he was honorably released from active duty. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he performed 2 years and 5 months foreign service in the United States Army Pacific (USARPAC). Item 30 (Remarks) only shows that he served in the RVN from 30 June 1970 to 30 April 1971. His DD Form 214 lists the following awards: * National Defense Service Medal * VSM * Republic of Vietnam Campaign Medal with Device (1960) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the VSM 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. This same regulation states a bronze service star is authorized with the VSM award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following seven campaigns: * Vietnam Counteroffensive Phase V (1 July – 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969) * Tet 69 Counteroffensive (23 February – 8 June 1969) * Vietnam Summer-Fall 1969 (9 June – 31 October 1969) * Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) * DA Sanctuary Counteroffensive (1 May – 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN. During the period in which the applicant was assigned to the 328th Radio Research Company his unit was cited for award of the: a. Meritorious Unit Commendation (MUC) for the period 19 November 1968 through 30 June 1969 by Department of the Army General Order (DAGO) Number 51, dated 1971; b. MUC for the period 1 June 1969 through 31 December 1970 by DAGO Number 43, dated 1972; c. MUC for the period 1 January 1971 through 30 June 1972 by DAGO Number 32, dated 1973; and d. RVN Gallantry Cross with Palm Unit Citation for the period 1 January 1970 to 3 March 1971 by DAGO Number 6, dated 1974. 3. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the OSB. It states Soldiers are authorized to wear one OSB for each 6-month period of active Federal service as a member of the United States Service. For Vietnam service between 1 July 1958 and 28 March 1973, the month of arrival to and departure from Vietnam are counted as whole months for credit toward the OSB. 4. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Chapter 2 contains guidance on the preparation of the DD Form 214. The regulation, in effect at the time, stated for item 22c, to enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater (for example, USARPAC, etc.) in which the service was performed. Item 30 will be used to complete entries too long for their respective blocks. DISCUSSION: 1. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16). The badge was not recorded on his DD Form 214. 2. General orders awarded him the AGCM (1st Award), the ARCOM (1st oak leaf cluster), and the BSM. The awards were not recorded on his DD Form 214. 3. General orders awarded his unit in Vietnam the RVN Gallantry Cross with Palm Unit Citation and three MUCs during his periods of assignment. The unit awards were not recorded on his DD Form 214. 4. The evidence of record also confirms that based on the applicant's service and campaign participation in the RVN, he is entitled to one silver service star and two bronze service stars for wear with his previously-awarded VSM. The service stars were not recorded on his DD Form 214. 5. The applicant's DA Form 20 confirms he served in the RVN for the period 6 July 1968 to 4 February 1970. As this period of service is not shown in the Remarks section of his DD Form 214, it should be added. 6. The months of arrival and departure into and out of Vietnam are counted as whole months. Based on his two service periods in Vietnam he is authorized 4 OSBs for wear on his uniform. The applicant requested 5 OSBs; however, he only served 10 months during his second tour, thus only one OSB is authorized per the regulation for that tour. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011289 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011289 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2