IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160012172 BOARD VOTE: _________ _______ ________ 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: AR20160012172 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: • deleting from item 22c of his DD Form 214 the entry "UNK" and replacing it with the entry "0-9-28" • awarding him the Army Good Conduct Medal (1st Award) for his period of service from 13 March 1968 to 10 January 1970 • adding to item 24 of his DD Form 214 the: • Army Good Conduct Medal (1st Award) • National Defense Service Medal • Vietnam Service Medal with three bronze service stars • Republic of Vietnam Campaign Medal with Device (1960) • Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) • Republic of Vietnam Gallantry Cross with Palm Unit Citation _________________________ 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: AR20160012172 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 the Army Good Conduct Medal and Vietnam Campaign Medal. 2. The applicant states his DD Form 214 does not show these awards. He was awarded these medals. 3. The applicant provides no additional evidence. 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 13 March 1968 and he held military occupational specialty 12B (Combat Engineer). 3. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 – he served in Vietnam from 14 March 1969 to on or about 10 January 1970, during three campaigns * Item 35 (Record of Assignments) – he: * was assigned to Company C, 4th Engineer Battalion, 4th Infantry Division * 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 * Item 41 (Awards and Decorations) – the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Two Overseas Service Bars * Sharpshooters Marksmanship Qualification Badge with Rifle Bar (M-14) 4. He was honorably released from active duty on 23 April 1969. His DD Form 214 shows he completed 1 year, 9 months, and 29 days of active service. This form also lists in: • Item 22c – UNK (unknown) and the entry USARPAC (U.S. Army Pacific) • Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – None • Item 30 (Remarks) – the entry "Enlisted member separated with temporary records and Soldier's affidavit" REFERENCES: 1. 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 22c – would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USARPAC" • Item 24 – would list all awards awarded or authorized during the period covered by the DD Form 214 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: • TET 69 Counteroffensive, 23 February 1969—8 June 1969 • Vietnam Summer-Fall 1969, 9 June 1969—31 October 1969 • Vietnam Winter-Spring 1970, 1 November 1969—30 April 1970 3. 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. 4. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. The pamphlet shows his unit, the 4th Engineer Battalion, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from 29 July 1969 to 17 November 1970, by DA General Orders Number 52, dated 1971. DISCUSSION: 1. The evidence of record shows the applicant served in Vietnam from 14 March 1969 to 13 January 1970, a period of 9 months and 28 days. Item 22c of his DD Form 214 does not list this foreign service credit. 2. He received "excellent" conduct and efficiency rating during his period of active duty, 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 his period of service from 13 March 1968 to 10 January 1970 and its addition to his DD Form 214. 3. He was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Sharpshooters Marksmanship Qualification Badge with Rifle Bar (M-14) during his period of service. He also participated in three campaigns during his service in Vietnam. He meets the criteria for award of three bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 does not list these medals and service stars. 4. 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) AR20160012172 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012172 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2