IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160011996 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: 22 August 2018 DOCKET NUMBER: AR20160011996 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 his period of service from 16 December 1965 to 17 September 1967 * deleting from item 24 of his DD Form 214 the Vietnam Service Medal * adding to item 24 of this form the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation __________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: 22 August 2018 DOCKET NUMBER: AR20160011996 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * bronze service stars on his Vietnam Service Medal * any other awards and unit citations to which he is entitled 2. The applicant states according to Executive Order Number 10444, he believes he is entitled to the Army Good Conduct Medal. He should have also earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 is missing the bronze service stars on his Vietnam Service Medal. They may also be other unit citations that were never awarded to him. He was a good Soldier and he served in a combat zone. 3. The applicant provides his 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 was inducted into the Army of the United States on 16 December 1965. 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Items 31 (Overseas Service) and item 35 (Record of Assignments) show he served in Vietnam from 28 August 1966 to 16 September 1967, during two campaigns and was assigned to the 157th Quartermaster Company (Service), 98th Supply and Service Battalion (General Support). b. He received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service. c. Item 41 (Awards and Decorations) –the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Sharpshooters Marksmanship Qualification Badge with Rifle Bar 4. He was honorably released from active duty, in the rank/grade of Specialist Four (SP4)/E-4, on 17 September 1967. His DD Form 214 shows he completed 1 year, 9 months, and 2 days of active service. His DD Form 214 also shows in: • Item 22c (Foreign And/Or Sea Service) – 1 year and 20 days and the entry USARPAC (U.S. Army Pacific) • Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the: • National Defense Service Medal • Vietnam Service Medal • Vietnam Campaign Medal • Sharpshooters Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. Army Regulation (AR) 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal 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-marital. 2. AR 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states a bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During the applicant’s service in Vietnam, campaign participation credit was awarded for: * Vietnam Counteroffensive, Phase II, 1 July 1966 – 31 May 1967 * Vietnam Counteroffensive, Phase III, 1 June 1967 – 29 January 1968 3. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 24 would list all awards awarded or authorized during the period covered by the DD Form 214. 4. Department of the Army (DA) General Orders Number 8, dated 1975, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period from 20 July 1965 to 28 March 1973. 5. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. The pamphlet does not show his unit, the 157th Quartermaster Company (Service), 98th Supply and Service Battalion (General Support), was cited for any unit awards during his period of service in Vietnam. DISCUSSION: 1. The evidence of record shows the applicant received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank/grade of SP4/E-4, served in Vietnam, and completed over 1 year of honorable service. It appears he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period of service from 16 December 1965 to 17 September 1967. 2. He was awarded the Vietnam Service Medal and participated in two campaigns during his service in Vietnam. He meets the criteria for award of two bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 does not list these service stars. 3. GO's awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. This unit award is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011996 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011996 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2