BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160014187 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: 1 August 2018 DOCKET NUMBER: AR20160014187 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. adding the following awards to his DD Form 214: * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Korea Defense Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) b. adding the following statement to the remarks block of his DD Form 214: "Vietnam – 29 June 1965 through 3 October 1965, Indochina – Yes, Korea – Yes." 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 his specific foreign service dates in Korea and award of the Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214. _____________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: 1 August 2018 DOCKET NUMBER: AR20160014187 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 his: a. overseas service, b. foreign service in Korea from June 1962 to June 1963, and c. foreign service in Vietnam from June 1965 to October 1965. 2. The applicant states, in effect, his DD Form 214 overseas service is incorrect. 3. The applicant provides: a. Headquarters, Saigon Logistics Area, Vietnam, Special Orders Number 29, dated 20 August 1965; b. two DD Forms 1299 (Application for Shipment of Household Goods), dated 30 August 1965 and 6 September 1965; c. copies of two postmarked envelopes, dated 1 September 1965 and 6 September 1965; d. DD Form 214; e. DA Form 1577 (Office of the Adjutant General – Authorization for Issuance of Awards), dated 3 July 1968; and f. Department of Veterans Affairs Form 10-10EZ (Application for Health Benefits), dated 23 June 2016. 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 31 October 1962. 3. He provided Headquarters, Saigon Logistics Area, Vietnam, Special Orders Number 29, dated 20 August 1965, showing he was ordered to report for transport to the continental United States (CONUS) upon receipt of his booking date. 4. His DA Form 24 (Service Record) shows in: a. Section 2 (Chronological Record of Military Service), he was assigned to: * Headquarters and Headquarters Company, 2d Brigade, 4th Cavalry Division, Korea, from 21 June 1963 to 18 March 1964 * Headquarters Company, 1st Battalion, 12th Cavalry Regiment, Korea, from 19 March 1964 to 15 May 1964 * Headquarters and Headquarters Detachment, 79th Ordinance Battalion (Guided Missile General Supply), Vietnam, from 29 June 1965 to 2 October 1965 b. Section 5 (Service outside CONUS): * departed CONUS en route to Korea on 29 May 1963 * arrived in Korea on 18 June 1963 * departed Korea en route to CONUS on 16 May 1964 (10 months and 29 days) * departed CONUS en route to Vietnam on 24 June 1965 * arrived in Vietnam on 29 June 1965 * departed Vietnam en route to CONUS on 3 October 1965 (3 months and 1 day) c. Section 9 (Medals, Decorations, and Citations): * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 5. His DA Form 20 (Enlisted Qualification Record) shows in item 29 (Foreign Service): * service in Korea from 29 May 1963 through 13 June 1964 (1 year and 15 days) * service in Vietnam from 25 June 1965 through on or about 23 October 1965 (pencil entry) (3 months and 29 days) 5. He was released from active duty on 4 October 1965. His DD Form 214 shows in: * item 24c (Foreign and/or Sea Service) – 1 year, 7 months, and 28 days * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Carbine Bar 6. He provided a DA Form 1577, dated 3 July 1968, showing he was authorized award of the Republic of Vietnam Campaign Medal with Device (1960). 7. Department of the Army General Orders Number 8, dated 19 March 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.? REFERENCES: 1. Army Regulation 600-200 (Enlisted Personnel Management System) prescribes policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Paragraph 9-44, in effect at the time, provided instructions for completing the DA Form 20. The instructions for item 29 (Foreign Service) stated: a. General. Enter in chronological order each foreign service tour performed by the individual on or after 7 December 1941 as defined in Army Regulation 614-30 and whether or not accompanied by dependents. b. Recording. (1) From. Enter date of departure from a CONUS port or area residence for foreign service. (2) Through. Enter in pencil date eligible to return. Change as required, based on dependents accompanying or joining the individual overseas, authorized curtailment, extension, or time lost. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army Policy, criteria, and administrative instructions concerning individual and unit military awards. a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. b. The Korea Defense Service Medal is authorized for service in Korea between 28 July 1954 through a date to be determined. c. The Vietnam Service Medal is authorized for service in Vietnam between 3 July 1965 and 28 March 1973. A bronze service star is authorized with this medal for participation in each credited campaign. The list of established campaigns in appendix B shows the Vietnam Defense Campaign was conducted from 8 March 1965 to 24 December 1965. d. The Republic of Vietnam Campaign Medal with Device (1960) is authorized for service in the Republic of Vietnam between 1 March 1961 to 28 March 1973. Personnel must have served in Vietnam for 6 months during this period to qualify for this award. 3. 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 established standardized policy for preparation of the DD Form 214. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is important that information entered thereon is complete and accurate. All available records will be used as a basis for the preparation of DD Form 214, including the DA Form 24 and DA Form 20 (Enlisted Qualification Record). a. The instructions for item 24c stated to enter the total active duty performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed. b. The instructions for item 26 stated to enter decorations, etc., awarded or authorized during period covered by the DD Form 214 from section 9 of the DA Form 24. c. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block of the DD Form 214 by entering the inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. To show Vietnam service only, for example, enter "Vietnam – 25 April 1970 through 28 May 1971, Indochina – Yes, Korea – No." DISCUSSION: 1. The applicant requests correction of his DD Form 214 to reflect his overseas service and his foreign service dates in Korea and Vietnam. 2. His DA Form 20 and DA Form 24 reflect the same departure dates from CONUS en route to Korea (29 May 1964), but different departure dates from Korea en route to CONUS (16 May 1964 versus 13 June 1964). 3. The maximum foreign service credit he could have accrued during his service in Korea – allowing liberal consideration for the date discrepancies – was 1 year and 15 days (29 May 1964 through 13 June 1964). 4. His DA Form 20 and DA Form 24 reflect different departure dates from CONUS en route to Vietnam (24 June 1965 versus 25 June 1965) and different departure dates from Vietnam en route to CONUS (3 October 1965 versus 23 October 1965). The departure date recorded pencil in item 29 of his DA Form 24 was his eligibility date of departure; his actual date of departure from Vietnam en route to CONUS was 3 October 1965. 5. The maximum foreign service credit he could have accrued during his service in Vietnam – allowing liberal consideration for the date discrepancies – was 3 months and 10 days (24 June 1965 through 3 October 1965). 6. The maximum foreign service credit he could have accrued for his combined foreign service periods in Korea and Vietnam, therefore, would have been 1 year, 3 months, and 10 days. 7. Item 24c of his DD Form 214 reflects his combined foreign service in Korea and Vietnam as 1 year, 7 months, and 28 days. It is the policy of this Board to never make an applicant's records worse off than before submitting an application for correction. 8. The governing regulation states to enter the inclusive dates of service for Vietnam and indicate "Yes" or "No" for service in Indochina and Korea. His DD Form 214 does not show the appropriate entry for his service in Korea and Vietnam in the remarks block. 9. As a related item, he met the eligibility criteria for the following awards which are not shown on his DD Form 214: * National Defense Service Medal * Korea Defense Service Medal * Vietnam Service Medal with one bronze service star 10. His records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) which is not shown on his DD Form 214. 11. All units serving in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not show this unit award. 12. He provided a DA Form 1577 showing he was authorized issuance of the Republic of Vietnam Campaign Medal with Device (1960). 13. The regulation governing award of the Republic of Vietnam Campaign Medal with Device (1960) provides that personnel must have served in the Republic of Vietnam for 6 months to qualify for this award. His records show he served in Vietnam for a maximum period of 3 months and 10 days. He did not meet the eligibility criteria for this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014187 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014187 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2