IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160017712 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: 15 August 2018 DOCKET NUMBER: AR20160017712 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 adding the following to his DD Form 214 in: a. item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Expeditionary Medal * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) b. item 32 (Remarks), "VIETNAM SERVICE: 31 MARCH 1964 TO 21 MARCH 1965." 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 correcting his DD Form 214 to show award of the Vietnam Service Medal. __________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: 15 August 2018 DOCKET NUMBER: AR20160017712 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: * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 2. The applicant states: a. He is a Vietnam veteran who served in Tan Son Nhut and Da Nang during the period 1964 to 1965. b. He should have the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960) listed on his DD Form 214 for his service in Vietnam. c. He is being denied medical care for not having the requested medals. 3. The applicant provides: * Vietnam driver's license without transcription * DD Form 345 (Armed Forces Liberty Pass) 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 7 November 1963. 3. He served in Vietnam during the period 31 March 1964 to 21 March 1965. While in Vietnam, he participated in two campaigns and he was assigned to 330th Transportation Company. 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the: * Armed Forces Expeditionary Medal (Vietnam) * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 5. He provided a copies of his Vietnam driver's license without transcription and his DA Form 345, dated 4 April 1964, which shows his organization as Headquarters and Headquarters Detachment, United States Army Support Command, Vietnam, Tan Son Nhut Air Base. 6. On 5 November 1965, he was honorably released from active duty. His DD Form 214 shows: * he completed 1 year, 11 months, and 29 days of net service and 11 months and 21 days of foreign service * he was award or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * item 32 (Remarks) does not show his Vietnam service dates REFERENCES: 1. 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. b. 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. Qualifying service also included temporary duty for 30 consecutive or 60 nonconsecutive days in Vietnam or its contiguous areas, except the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. c. Individuals qualified for the Armed Forces Expeditionary Medal for reason of service in Vietnam between 1 July 1958 and 3 July 1965 (inclusive) will remain qualified for that medal. Upon request (unit personnel officer) any such individual may be awarded the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. In such instances, the Armed Forces Expeditionary Medal will be deleted from the list of authorized medals in personnel records. No person will be entitled to both awards for Vietnam service. d. 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 qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty 2. 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, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to February 1986. a. This pamphlet shows the 330th Transportation Company as awarded the Meritorious Unit Commendation for the period October 1964 to December 1965 by Department of the Army General Orders (DAGO) Number 3, dated 1967, and amended by DAGO Number 40, dated 1966. b. DAGO Number 8, dated 19 March 1974, confirmed award of 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. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. All available records will be used as a basis for the preparation of DD Form 214, including the DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. Instructions stated for: a. item 24c(Foreign and/or Sea Service), to enter the total period of active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed (e.g., USARPAC) and b. item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), to enter decorations, etc., awarded or authorized during period covered by the DD Form 214 from item 20 of the DA Form 66 (Officer Qualification Record) or section 9 of the DA Form 24 (Service Record), omitting authorities cited therein. 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 in the remarks block as follows: "VIETNAM SERVICE: (date) TO (date)." DISCUSSION: 1. The applicant contends he is being denied medical care because his DD Form 214 does not show award of the Vietnam Service Medal or Republic of Vietnam Campaign Medal with Device (1960). 2. The evidence of record shows the applicant was awarded the Armed Forces Expeditionary Medal for his Service in Vietnam in lieu of the Vietnam Service Medal. The governing regulation states that upon request, an individual may be awarded the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. In such instances, the Armed Forces Expeditionary Medal will be deleted from the list of authorized medals in personnel records. No person will be entitled to both awards for Vietnam service. The applicant is advised to submit an application should he desire to have his Armed Forces Expeditionary Medal replaced with the Vietnam Service Medal. 3. His DA Form 20 shows he was awarded the Army Good Conduct Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); however, these awards are not shown on his DD Form 214. 4. He served a qualifying period of service for award of the National Defense Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). These awards are not listed on his DD Form 214. 5. General orders awarded the unit to which he was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Citation. These unit awards are not listed on his DD Form 214. 6. Later versions of the governing regulation for preparing the DD Form 214 required the inclusive dates of service in Vietnam performed on or after 5 August 1964 be listed in the remarks block of the DD Form 214. His service in Vietnam is not listed in item 32 of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017712 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017712 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2