BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20160018450 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20160018450 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for 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 23 November 1962 through 23 November 1965; b. adding to item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 the: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation c. Adding to item 32 (Remarks) of his DD Form 214 the entry "RVN 15 July - 16 October 1965." _____________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: 29 August 2018 DOCKET NUMBER: AR20160018450 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam (RVN) and all awards he is entitled. 2. The applicant states: a. He was, "boots on the ground" in Bien Hoa, RVN around May through August 1965, serving with the 1st Administration Company, 1st Infantry Division. However, no medals are reflected on his DD Form 214 nor is there any reference to his service in the RVN. He claims he was promoted to the rank/grade of specialist five (SP5)/E-5 on 14 August 1965, while in the RVN. b. He served 4 months and 24 days foreign service in the U.S. Army Pacific (USARPAC), which is displayed on his DD Form 214. At least 3 of the months were served in the RVN. He was attached to the 1st Administration Company (Finance Office) from June through August 1965. In August 1965, he was displaced from his unit due to an urgent medical condition. He never rejoined his unit and he was assigned to the Finance Office at Camp Kadena, Okinawa, Japan for the remainder of his enlistment. c. He is trying to establish a claim with the Department of Veterans Affairs for an existing service-connected medical condition, which was diagnosed in 1981. However, his medical and personnel records were not forwarded to the United States nor were they provided to him upon his discharge. 3. The applicant provides a copy of his DD Form 214. 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 enlisted in the Regular Army on 23 November 1962. 3. Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he was assigned to the 2nd Brigade Administration Section, 1st Administration Company from 25 June to 30 September 1965. On 1 October 1965, he was assigned to a Medical Holding Detachment. On 17 October 1965, he was assigned to the Finance and Accounting Office, Fort Buckner, Japan. Section 5 (Service Outside the Continental United States) shows he departed the United States on 25 June 1965 and he arrived at Vung Tau, RVN on 15 July 1965. 4. Section 2 of his DA Form 24 further shows he received all "excellent" or "unknown" conduct and efficiency ratings throughout his entire period of active military service. His records do not contain any derogatory information or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal. 5. Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in USARPAC from 25 June to 18 November 1965, a period of 4 months and 24 days. 6. The applicant was honorably released from active duty on 23 November 1965, in the temporary rank/grade of SP5/E-5. His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1). This form further shows in item 22c (Foreign and/or Sea Service) that he served 4 months and 24 days in the USARPAC; however, item 32 (Remarks) his DD Form 214 does not identify his service in the RVN. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 2. Army Regulation 600-8-22 (Military Awards) states: a. The Vietnam Service Medal (VSM) 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 VSM 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 Vietnam Defense Campaign for the period 8 March to 24 December 1965. b. The National Defense Service Medal (NDSM) 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. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN. During the period in which the applicant was assigned to the 1st Administration Company, his unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Order Number 21, dated 1969. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 for item 22c, enter the total period of active duty served outside of the continental limits of the United States for the period covered by the DD Form 214 and to enter the last overseas theater (e.g., USARPAC) in which the service was performed. 5. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's DA Form 24 shows he arrived in the RVN on 15 July 1965 and he was subsequently assigned to the 1st Administration Company through 30 September 1965. On 1 October 1965, he was assigned to a Medical Holding Detachment. On 17 October 1965, he was assigned to the Finance and Accounting Office, Fort Buckner, Japan. Therefore, it is reasonable to presume he served in the RVN for the period 15 July through 16 October 1965. His DD Form 214 does not reflect this service in item 32 of his DD Form 214. 2. The applicant's last overseas theater service was performed at Fort Buckner, Japan; therefore, in accordance with the applicable regulation, item 22c of his DD Form 214 correctly lists USARPAC. 3. The evidence confirms he served a qualifying period of service for entitlement to the VSM. He also participated in one campaign during his service in Vietnam. The VSM with bronze service star was not entered on his DD Form 214. 4. Evidence shows the applicant served a qualifying period for award of the NDSM. This award is not listed on his DD Form 214. 5. The evidence of record confirms he served honorably during the period 23 November 1962 through 23 November 1965. His records do not contain a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). 6. During his period of assignment with the 1st Administration Company, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This citation is not listed 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) AR20160018450 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018450 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2