BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160014245 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: 11 July 2018 DOCKET NUMBER: AR20160014245 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 23 February 1969; and b. adding the following awards to his DD Form 214 for the period ending 23 February 1969: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation 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 listing his rank/grade as captain/O-3 instead of private first class/E-3. _____________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: 11 July 2018 DOCKET NUMBER: AR20160014245 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 record to show his rank/grade as captain (CPT)/O-3 instead of private first class (PFC)/E-3. He further requests any awards and decorations he is entitled. 2. The applicant states he has no paperwork showing his promotion from the rank/grade of PFC/E-3 to CPT/O-3. 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. Having no prior service, the applicant enlisted in the Regular Army (RA) on 16 September 1966. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam for the period 9 March 1967 to 7 March 1968. Item 38 (Record of Assignments) shows he was assigned to the 450th Medical Detachment from 12 March 1967 through 14 February 1968 and with the 93rd Evacuation Hospital from 15 February to 7 March 1968. 4. Special Orders Number 197 issued by Headquarters, 1st Brigade (BCT), Fort Ord, CA on 7 November 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 5. On 23 February 1969, he was honorably discharged from active duty for immediate reenlistment in the rank/grade private/E-2. His DD Form 214 lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Overseas Service Bar 6. The applicant reenlisted in the RA on 24 February 1969. On 16 December 1969, he was honorably discharged from active duty for immediate reenlistment in the rank/grade of PFC/E-3. His DD Form 214 lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Medic Badge * 2 Overseas Service Bars 7. The applicant reenlisted in the RA on 17 December 1969. On 5 October 1970, he was discharged under honorable conditions in the rank/grade of PFC/E-3. His DD Form 214 does not list any awards for this period. Evidence shows he served in the Republic of Vietnam for the period 8 February to 22 April 1970, with Company B, 32nd Medical Depot. 8. His records do not contain and he did not provide any evidence that shows he ever served in the rank/grade of CPT/O-3. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January 1968 – 1 April 1968) * Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to the 32nd Medical Depot, his unit was cited for award of the Meritorious Unit Commendation for the period 1 May 1969 through 30 April 1970 by Department of the Army General Order (DAGO) Number 2, dated 1971; and; 3. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973. 4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time stated to list the rank and pay grade held upon separation in items 5a (Grade, Rate or Rank) and 5b (Pay Grade). It also identified the DA Form 66 (Officer Qualification Record), orders, and documents in the record as the source records for these entries. DISCUSSION: 1. Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 2. The record shows the applicant participated in four campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect any bronze service stars to indicate his campaign participation. 3. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a Meritorious Unit Commendation during his period of assignment. 4. There is no evidence in his available record and the applicant did not provide any evidence which shows he ever served in the rank/grade of CPT/O-3. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014245 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014245 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2