BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20160015992 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: 24 October 2018 DOCKET NUMBER: AR20160015992 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 as well as the information from item 22c (Foreign and/or Sea Service) of his DD Form 214; and b. adding to item 22c of his DD Form 214 the entry "0 11 5" as well as adding to his DD Form 214 the: * Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) * Army Commendation Medal * Vietnam Service Medal with four bronze service stars * 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 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. BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20160015992 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 award of the Army Commendation Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). He further requests correction of item 22c (Foreign and/or Sea Service) to reflect 12 months instead of 10 months and 7 days. 2. The applicant states, in effect, he served in the Republic of Vietnam for 12 months as reflected in his citation and certificate for award of the Army Commendation Medal. 3. The applicant provides: * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * DD Form 47 (Record of Induction) * Letter Orders Number 02-1033628 * Army Commendation Medal certificate * Army Commendation Medal citation 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 was inducted into the Army of the United States on 21 March 1967. 3. Item 38 (Record of Assignments) of his DA Form 20 shows he served with Headquarters and Headquarters Company, 5th Battalion, 12th Infantry Regiment, 199th Infantry Brigade for the period 5 April 1968 to 9 March 1969, a period of 11 months and 5 days. 4. Item 41 (Awards and Decorations) of his DA Form 20 shows Special Orders Numbers 123 and 31, respectively, awarded him the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16). General Orders Number 199 issued by Headquarters, 199th Infantry Brigade, awarded him the Army Commendation Medal. 5. On 11 March 1969, he was honorably released from active duty as an overseas returnee. He completed 1 year, 11 months and 21 days of net active service during this period. Item 22c of the DD Form 214 he was issued upon his release from active duty shows he performed 10 months and 7 days of foreign service. This form further shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal 6. The applicant provides a copy of a citation and certificate for award of the Army Commendation Medal which lists his dates of service in the Republic of Vietnam as March 1968 to March 1969. 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. 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 four campaigns: * Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968) * Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * TET 69 Counteroffensive (23 February 1969 - 8 June 1969) 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. The applicant was assigned to Headquarters and Headquarters Company, 5th Battalion, 12th Infantry Regiment, 199th Infantry Brigade during a period for which the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation by Department of the Army General Order Number 51, dated 1971. DISCUSSION: 1. Special orders awarded him the Experts Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16). These badges are not listed on his DD Form 214. 2. General orders awarded him the Army Commendation Medal; however, this award is not listed on his DD Form 214. 3. The evidence shows he was awarded the Vietnam Service Medal. He also participated in four campaigns during his service in the Republic of Vietnam which are not recorded on his DD Form 214. 4. The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. 5. The available evidence does not support the applicant's claim that he performed 12 months service in the Republic of Vietnam. Item 38 of his DA Form 20 shows he served with Headquarters and Headquarters Company, 5th Battalion, 12th Infantry Regiment, 199th Infantry Brigade for the period 5 April 1968 to 9 March 1969, a period of 11 months and 5 days. Item 22c of the applicant's DD Form 214 lists only 10 months and 7 days foreign service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015992 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015992 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2