IN THE CASE OF: BOARD DATE: 25 February 2019 DOCKET NUMBER: AR20160013390 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 amending his DD Form 214 as follows: a. replace the entry in item 18f with 11 months and 16 days. b. in item 19, show “yes” and add “Vietnam: 2 July 1970 to 17 June 1971.” c. replace the entry in item 26 with – * National Defense Service Medal * Vietnam Service Medal with one Bronze Service Star * Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The Board further determined that 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 the Combat Infantryman Badge. 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. Enclosure 1 IN THE CASE OF: BOARD DATE: 25 February 2019 DOCKET NUMBER: AR20160013390 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration 1. IN THE CASE OF: BOARD DATE: 25 February 2019 DOCKET NUMBER: AR20160013390 THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his DD Form 214 (Report of Separation from Active Duty) for the period ending 11 June 1976 be corrected to include his Vietnam service for the period 2 July 1970 to 17 June 1971. He also requests that the medals for that period of service (i.e., the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge) be added to his DD Form 214. 2. The applicant states his second DD Form 214, for the period ending 11 June 1976, does not reflect his service in Vietnam or the medals he earned for that service. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents: * State of Minnesota Department of Corrections letter, dated 8 April 1976 * Letter, Chief, United States Army Deserter Information Point, dated 9 March 1976 * Memorandum for Record, dated 8 March 1976 * Self-authored letter * Special Orders Number 156, dated 5 June 1971 2. The following evidence from the applicant’s service record and the Department of the Army and Department of Defense records and systems: * DD Form 214 for the period ending 11 June 1976 * DD Form 214 for the period ending 8 January 1970 Enclosure 2 REFERENCES: 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The CIB is awarded to infantry or Special Forces officers and enlisted and warrant officer persons who have an infantry or Special Forces military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry, ranger, or Special Forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or Special Forces primary duty in a unit actively engaged in ground combat with the enemy. Personnel with other than an infantry or Special Forces MOS are not eligible, regardless of the circumstances. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for service in Vietnam for a period of at least 6 consecutive months during the period 1 March 1961 through 28 March 1973. c. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States serving in Vietnam and its contiguous waters or airspace there over after 3 July 1965 through 28 March 1973. One bronze service star is authorized with the Vietnam Service Medal for participation in each campaign. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credits for the Vietnam Conflict This pamphlet shows Company B, 39th Engineer Battalion, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 October to 11 November 1970. 2 ABCMR Record of Proceedings (cont) AR20160013390 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate. Item 18f (Foreign and/or Sea Service) was to show the period of a Soldier’s foreign service. Item 19 (Indochina or Korea Service Since August 5, 1964) was to show Vietnam service with an “x” in the “yes” block and was to show specific dates of service. Item 18f (Foreign and/or Sea Service) was self-explanatory, and item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) was to show awards for all periods of service. DISCUSSION: 1. 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, and 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 15 April 1969. He was trained as a Water Supply Specialist (MOS 51N10). He was honorably discharged on 8 January 1970 for immediate reenlistment. He had been awarded the National Defense Service Medal. 3. On 9 January 1970, the applicant reenlisted at Fort Hood, Texas. 4. The applicant states he was in Vietnam from 2 July 1970 through 17 June 1971. Special Orders Number 156 (Extract), issued by Headquarters, 39th Engineer Battalion, shows his date of departure from the United States to travel to Vietnam was 1 July 1970, and his date of expected return from overseas was 17 June 1971. An Army Council of Review Boards Case Report and Directive completed in response to his appeal of the characterization of his service shows he served in Vietnam from 2 July 1970 to 17 June 1971, a period of 11 months and 16 days. Records of nonjudicial punishment and Special Orders Number 156 confirm he was assigned to Company B, 39th Engineer Battalion, throughout his tour of duty. He participated in one campaign. 3 5. On 11 June 1976, he was discharged. The DD Form 214 he was issued at that time shows in: * Item 18f (Foreign and/or Sea Service) – None * Item 19 (Indochina or Korea Service Since August 6, 1964) – No * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – None 6. The record shows the applicant was in Vietnam from on or about 2 July 1970 through on or about 17 June 1971. This foreign service was not recorded on his DD Form 214 issued upon discharge. The applicant is also authorized several awards which were not recorded on the final DD Form 214: * National Defense Service Medal * Vietnam Service Medal with one Bronze Service Star * Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 7. Award of the Combat Infantryman Badge requires participation in active ground combat while serving in an infantry or Special Forces MOS while assigned to an infantry or Special Forces unit. The applicant did not hold an infantry or Special Forces MOS and he did not serve in an infantry or Special Forces unit. //NOTHING FOLLOWS// 4