IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20160019451 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 IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20160019451 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 amending his DD Form 214, ending 30 November 1978, as follows: a. deleting award of the Vietnam Service Medal; and b. adding the following awards: * Meritorious Service Medal * Meritorious Unit Commendation * Vietnam Service Medal with three bronze service stars * Overseas Service Ribbon with the numeral 4 ___________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: 20 November 2018 DOCKET NUMBER: AR20160019451 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 (Report of Separation from Active Duty) to show any additional awards he may be authorized. 2. He states that since his discharge from service, he may be eligible for additional awards or decorations. 3. He provides his DD Form 214, ending 30 November 1978. 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. Having prior enlisted service, he was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 21 September 1962. He entered active duty on the same date. His specialty was 1542 (Infantry Unit Commander). 3. His DA Form 66 (Officer Qualification Record) updated as of 13 February 1974, shows in: * Item 17 (Foreign Service), his foreign service includes two tours in Vietnam from 29 December 1965 to 20 December 1966 and from 26 February 1969 to 27 March 1969 * Item 18 (Record of Assignments), he was assigned to the U.S. Military Assistance Command, Vietnam (MACV) from 30 December 1965 to 18 December 1966, where he performed the duties of an advisor to the 9th Infantry and IV Corps * Item 18, he was later assigned to Headquarters and Headquarters, 5th Battalion, 60th Infantry, 9th Infantry Division, Vietnam, from 3 March to 26 March 1969 * Item 21 (Awards and Decorations) shows he was awarded or authorized: * Army Good Conduct Medal * Parachute Badge * Vietnam Service Medal * Combat Infantryman Badge * National Defense Service Medal * Soldier's Medal * Republic of Vietnam Campaign Medal with Device 1960 * Bronze Star Medal * Republic of Vietnam Armed Forces Honor Medal (First Class) * Army Commendation Medal (1 Oak Leaf Cluster) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Overseas Service Bar (2) * Purple Heart (PH) * Armed Forces Reserve Medal (AFRM) with 10 Year Device 4. His DA Form 2-1 (Personnel Qualification Record), updated as of 2 December 1977, shows in Item 5 (Overseas Service) he was credited with the completion of four overseas assignments. 5. Headquarters, 5th Infantry Division (Mechanized) and Fort Polk, Fort Polk, LA, published Permanent Orders 180-1 on 29 November 1978. These orders awarded the applicant the Meritorious Service Medal for the period 19 March 1975 to 30 November 1978. 6. The applicant was honorably retired from active duty in the rank of major (MAJ/O-4) on 30 November 1978. His DD Form 214 shows he was awarded or authorized: * Army Good Conduct Medal * Parachutist Badge * Vietnam Service Medal * Combat Infantryman Badge * National Defense Service Medal * Soldiers Medal * Republic of Vietnam Campaign Medal with Device 1960 * Bronze Star Medal * Army Commendation Medal (2 Oak Leaf Clusters) * Republic of Vietnam Armed Forces Honor Medal (First Class) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Purple Heart * Armed Forces Reserve Medal with 10 Year Device REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. It states, a. A bronze service star is authorized for wear of the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows during his service in Vietnam, the applicant participated in the following three campaigns: * Vietnam Defense Campaign (8 March - 24 December 1965) * Vietnam Counteroffensive (25 December 1965 - 30 June 1966) * Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967) b. The Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant unit in Vietnam, the MACV, was awarded the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 10, dated 1968 DISCUSSION: 1. The applicant requests all awards and decorations he is authorized based on his military service be added to his DD Form 214. 2. He was awarded the Vietnam Service Medal and he participated in three campaigns. He is authorized three bronze service stars for wear on his previously-awarded Vietnam Service Medal. 3. He served with the MACV during a period for which the organization and its subordinate units were cited for award of the Meritorious Unit Commendation. This award is not listed on his DD Form 214. 4. PO awarded the applicant the Meritorious Service Medal. This award is not listed on his DD Form 214. 5. His completion of four overseas tours meets the criteria for award of the Overseas Service Ribbon with the numeral "4." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019451 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019451 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2