BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160018016 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: 9 January 2018 DOCKET NUMBER: AR20160018016 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. awarding him the Army Good Conduct Medal (1st Award) for the period 28 August 1969 to 8 February 1972; and b. amending his DD Form 214, for the period ending 8 February 1972, by: (1) deleting the current entry in item 1 (Last Name – First Name – Middle Name) and replacing it with the entry shown in item 5 (Last Name – First Name – Middle Name) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States). (2) deleting the Vietnam Service Medal and adding the: * Army Good Conduct Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined that 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: 9 January 2018 DOCKET NUMBER: AR20160018016 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 first name as A _ _ a _ _o instead of A _ _ o _ _o and to show all awards he is authorized as a result of his active duty service. He also request to be issued the medals. 2. The applicant states his first name is spelled incorrectly on his DD Form 214. Additionally, his DD Form 214 does not show all of the awards, medals, or ribbons he was awarded or is authorized that were never issued. 3. The applicant provides his DD Form 214 and his Commonwealth of Puerto Rico Certification of Birth. 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 portion of the applicant's request concerns the issuance of medals. The ABCMR corrects records; the Board does not issue medals or badges. a. Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the National Personnel Records Center (NPRC), which will verify the awards to which a veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals. b. Written requests with appropriate supporting evidence may be addressed to the NPRC at 1 Archives Drive, St. Louis, MO 63138. Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command, Clothing and Heraldry, Post Office Box 57997, Philadelphia, PA 19111. c. If the Board recommends adding an award to his record, that award will be ordered by Army Review Boards Agency staff and issued to him by the U.S. Army Tank Automotive and Armaments Command. Based on the foregoing, the issuance of his medals will not be discussed further in this Record of Proceedings. 3. The applicant enlisted in the Regular Army on 28 August 1969. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he enlisted using the first name he claims is correct. 4. The applicant's DA Form 20 (Enlisted Qualification Record) shows his first name as A _ _ a _ _o. The form also shows in: * item 31 (Foreign Service), he served in Vietnam from 12 April 1970 to 20 March 1971 * item 38 (Record of Assignments), he was assigned to Headquarters and Headquarters Company, 54th General Support Group, during his service in Vietnam * item 38, he received all excellent conduct and efficiency ratings during his period of active duty service 5. The applicant was honorably released from active duty on 8 February 1972, after completing 2 years, 5 months, and 11 days of active service. His DD Form 214 shows in: a. Item 1 (Last Name – First Name – Middle Name), his first name as A _ _o _ _o. b. Item 5a (Grade, Rate or Rank), he was separated in the rank of specialist four (SP4). c. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * one overseas service bar 6. The applicant's military record is void of any derogatory information or a unit commander's disqualification statement that would have precluded him from being awarded the Army Good Conduct Medal. 7. The applicant provides his Commonwealth of Puerto Rico Certification of Birth, which shows the spelling of his first name as it is shown on his DD Form 4. REFERENCES: 1. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, 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 the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 2. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B of this regulation shows that during the applicant's service in Vietnam, participation credit was awarded for three campaigns: * Vietnam Winter – Spring 1970 (1 November 1969 – 30 April 1970) * Sanctuary Counteroffensive (1 May 1970 – 30 June 1970) * Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971) 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. 4. Department of the Army General Orders Number 8, dated 1974, announced 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 through 28 March 1973. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show his first name as A _ _ a _ _o instead of A _ _ o _ _o and to show all of the awards he is authorized. 2. The applicant enlisted in the Regular Army on 28 August 1969; his DD Form 4 shows he enlisted using the first name he claims is correct. His record shows he used the first name shown on his Certification of Birth during his period of military service. The record indicates an error was made when his first name was recorded on his DD Form 214. 3. The applicant received all "excellent" conduct and efficiency ratings throughout his entire period of active service. His record is void of any derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal. 4. The applicant participated in three campaigns during his service in Vietnam. His DD Form 214 shows he was authorized the Vietnam Service Medal; however, it does not reflect the three bronze service stars that should be affixed in recognition of the three campaigns he participated in. 5. All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018016 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018016 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2