IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20160015830 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 IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20160015830 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 deleting from his 31 October 1971 DD Form 214 the Vietnam Service Medal and adding: * Bronze Star Medal * Army Good Conduct Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd award) * Expert Marksmanship Qualification Badge with Rifle Bar 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 any relief in excess of that described above. ____________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. IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20160015830 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 record to show his initial date of entry was 19 February 1969 and to show the Bronze Star Medal, Good Conduct Medal, and the Air Medal. 2. The applicant provides no argument, comments, or contentions. 3. The applicant provides: * page 1 of a DD Form 47 (Record of Induction) * Air Medal orders * National Personnel Records Center letter 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. A DD Form 47 shows the applicant was inducted into the Army of the United States on 18 February 1969 with a reporting date of 19 February 1969. 3. He was discharged on 27 June 1969 to enlist in the Regular Army. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at that time shows: * date of induction – 18 February 1969 * date of discharge – 27 June 1969 * he held military occupational specialty (MOS) 11B (Light Weapons Infantryman) * 4 months and 10 days of active duty service * award of the – * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Bar 4. The applicant enlisted in the Regular Army on 28 June 1969. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows an active duty date and pay base date of 18 February 1969. 5. On 19 February 1970, the applicant was honorably discharged to accept a commission. The DD Form 214 issued at that time shows: * 7 months and 22 days of active service this period * 4 months and 10 days of prior service * award of the – * National Defense Service Medal * Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 6. The applicant was commissioned as a second lieutenant on 20 February 1970. 7. His DA Form 66 (Officer Qualification Record) shows: * service in Vietnam from 2 January 1971 through 28 October 1971 during two campaigns * assignment in Vietnam to 3rd Battalion, 187th Infantry, 101st Airborne Division, from 25 January 1971 through 23 October 1971 * award of the – * National Defense Service Medal * Army Good Conduct Medal * Vietnam Service Medal * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 8. On 28 June 1971, Headquarters, 101st Airborne Division, issued General Orders Number 5263 announcing award of the Air Medal to the applicant for meritorious achievement from 4 March 1971 to 15 June 1971. 10. On 31 October 1971, he was released from active duty and transferred to the US Army Reserve (USAR) Control Group (Reinforcement) as a first lieutenant. The DD Form 214 issued at that time lists his awards as: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Air Medal (abbreviated as “AM”) 11. On 15 March 1972, the U.S. Army Reserve Components Personnel and Administration Center, Office of the Adjutant General, sent the applicant a letter advising him that the commander of the organization in which he had served on active duty had awarded him the Bronze Star Medal. The order for this award is not among the available records. 12. The National Personnel Records Center letter to the applicant lists his authorized awards as the: * Bronze Star Medal * Air Medal * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Automatic Rifle Bar REFERENCES: 1. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Effective 15 August 1979, DD Forms 214 are not issued to enlisted service members who are discharged for immediate reenlistment. 2. Army Regulation 600-8-22 (Military Awards) provides that: a. a bronze service star will be worn on the suspension and service ribbon of the Vietnam Service Medal for participation in each designated campaign period; b. an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification level [higher or lower]. 3. DA Pamphlet 672-3 shows that during the period the applicant was assigned to the 3rd Battalion, 187th Infantry Regiment, it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation on three occasions. DISCUSSION: 1. The evidence indicates the applicant's award of the Bronze Star Medal was not finalized until after he had left active duty. It was not included on his final DD Form 214. 2. The Air Medal was recorded on his final DD Form 214 as “AM.” No correction is necessary. 3. The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal. His DD Form 214 does not reflect these appurtenances. 4. The applicant qualified as an expert with the M-16 rifle. The Expert Marksmanship Qualification Badge with Rifle Bar was not entered on his final DD Form 214. 5. The applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd award), which was not recorded on his final DD Form 214. 6. He was awarded the Army Good Conduct Medal for his enlisted service. The award was not recorded on his final DD Form 214. 7. During the period of the applicant's service, a DD Form 214 was issued for each enlistment or period of service. The applicant's three DD Forms 214, taken together, accurately document his period of continuous active duty service from 18 February 1969 through 31 October 1971. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015830 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont.) AR20160015830 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2