BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160012700 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: 30 May 2018 DOCKET NUMBER: AR20160012700 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 the Vietnam Service Medal from his DD Form 214 for the period ending 28 March 1974 and b. adding the Vietnam Service Medal with one silver service star and Bronze Star Medal to his DD Form 214. 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 adding Overseas Service Bars to his DD Form 214 for the period ending 28 March 1974. ____________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: 30 May 2018 DOCKET NUMBER: AR20160012700 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, the next of kin of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from Active Duty) to show: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * four Overseas Service Bars * Parachute Badge * Combat Medical Badge * Bronze Star Medal * two Army Good Conduct Medals * Vietnam campaigns (Counteroffensive Phase I, II, and III) 2. The applicant states she wants item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 updated to include all campaigns, awards and decorations as indicated in his personnel file. 3. The applicant provides a copy of the FSM's 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 FSM enlisted in the Regular Army on 16 June 1959 and remained on active duty through continuous reenlistments. 3. He departed the continental United States en route to Vietnam on 28 August 1966. 4. His DA Form 20 covering the period 1959 to 1970 shows: * he was assigned to Company C, 15th Medical Battalion, 1st Cavalry Division in Vietnam from 3 September 1966 to 17 March 1967 * he was assigned to Headquarters and Support Company, 15th Medical Battalion, 1st Cavalry Division in Vietnam from 18 March 1967 to 4 May 1967 * he was assigned to Company C, 15th Medical Battalion, 1st Cavalry Division in Vietnam from 5 May 1967 to 24 August 1967 5. He departed Vietnam en route to the United States on 28 August 1967. 6. He participated in the following two campaigns during this assignment in Vietnam: * Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967) * Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968) 7. He departed the continental United States en route to Vietnam on 23 January 1971. 8. His DA Form 20 covering the period 1970 to 1972 shows: * he was assigned to Headquarters and Headquarters Company, 1st Medical Battalion, 1st Cavalry Division in Vietnam from 29 January 1971 to 10 April 1971 * he was assigned to 67th Evacuation Hospital in Vietnam from 11 April 1971 to 11 January 1972 * he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), four Overseas Service Bars, Parachute Badge, Combat Medical Badge, two Army Good Conduct Medals, and Bronze Star Medal 9. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 5495, dated 15 March 1971, awarded him the Bronze Star Medal. 10. He departed Vietnam en route to the United States on 13 January 1972. 11. He participated in the following three campaigns during this assignment in Vietnam: * Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971) * Consolidation I (1 July 1971 to 30 November 1971) * Consolidation II (1 December 1971 to 29 March 1972) 12. On 28 March 1974, he retired by permanent disability. 13. Item 26 of his DD Form 214 for the period ending 28 March 1974 shows: * three Army Good Conduct Medals * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Parachute Badge * Combat Medical Badge 14. Since item 26 of the FSM's DD Form 214 for the period ending 28 March 1974 shows award of the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Parachute Badge, Combat Medical Badge, and three Army Good Conduct Medals, this portion of the applicant's request will not be discussed further in these proceedings. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 2. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 15th Medical Battalion, was awarded the: * Meritorious Unit Commendation for the period 1 June 1967 to 31 May 1968 in Department of the Army General Orders (DAGO) Number 28, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 in DAGO Number 59, dated 1969 4. Department of the Army Pamphlet 672-3 also shows the 67th Evacuation Hospital, was awarded the Meritorious Unit Commendation for the period 1 November 1970 to 31 May 1972 in DAGO Number 32, dated 1973. DISCUSSION: 1. Orders show the FSM was awarded the Bronze Star Medal. His DD Form 214 for the period ending 28 March 1974 does not show this medal. 2. The DD Form 214 does not list specific Vietnam Campaigns. However, the applicant participated in two campaigns during his first tour in Vietnam and three campaigns during his second tour in Vietnam. He is authorized one silver service star for wear with his the Vietnam Service Medal. This silver service star is not shown on his DD Form 214 for the period ending 28 March 1974. 3. The applicant's request to add four Overseas Service Bars to the FSM's DD Form 214 for the period ending 28 March 1974 was carefully considered. However, the Overseas Service Bar is not entered on the DD Form 214 because it is an item of uniform wear, not an award or decoration. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012700 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012700 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2