IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160019452 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160019452 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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: 19 September 2018 DOCKET NUMBER: AR20160019452 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 in: * Item 18f (Foreign And/Or Sea Service) – Thailand * Item 26 (Decorations, Medals, Badges, Commendations, and Campaigns Awarded or Authorized) – the Army Commendation Medal, Vietnam Campaign Medal, and Air Force Outstanding Unit Award 2. The applicant states his DD Form 214 does not show these awards. His DD Form 214 does not show he served in Thailand for 1 year, 3 months, and 11 days. 3. The applicant provides copies of an Army Commendation Medal certificate, an Air Forces Outstanding Unit Award memorandum, and 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 16 August 1973 and he held military occupational specialties 98G (Voice Interceptor) and 04B (Translator-Interpreter). 3. His DA Form 2-1 (Personnel Qualification Record – Part II) contains the following information: a. Items 5 (Overseas Service) and 35 (Record of Assignments) show he served in Thailand from 30 December 1974 to 11 April 1976 and was assigned to Company A, 7th Radio Research Field Station (RRFS), Thailand. There is no entry showing service in Vietnam. b. Item 9 (Awards, Decorations, and Campaigns) shows no entries for the Army Commendation Medal, Vietnam Campaign Medal, and Air Force Outstanding Unit Award. 4. He provides copies of the following: a. A certificate, dated 16 August 1976, for award of the Army Commendation Medal for meritorious service during the period from 14 January 1975 to 24 March 1976. b. An Air Force Outstanding Unit Award memorandum, dated 7 July 1975, which certified the applicant's participation with his unit in the recovery of the S.S. Mayaguez and crew on 13 to 15 May 1975. The memorandum also stated that the 6908th Security Squadron would know whether the Air Force Outstanding Unit Award would be awarded in the next 90 days. Upon receipt of the authority for the award along with the order number and date and Headquarters of issue, they would forward the information to the 7th RRFS, Thailand, for inclusion in his personnel records. He would receive a personal copy as well. 5. He was honorably released from active duty on 13 August 1976. His DD Form 214 shows he completed 2 years, 11 months, and 28 days of active service. His DD Form 214 also shows in: * Item 18f – 1 year, 3 months, and 11 days * Item 19 (Indochina or Korea Service Since August 5, 1964) – An "X" in the "Yes" Block and no inclusive dates * Item 26 – the National Defense Service Medal and Expert Marksmanship Qualification Badge * Item 27 (Remarks) – Item 18f – Thailand 6. His record is void of any orders awarding or authorizing him the Army Commendation Medal and Air Force Outstanding Unit Award during his period of military service. His record is also void of any inclusive dates of service in Vietnam. 7. His record is void of any temporary duty orders and/or inclusive dates for temporary service in Vietnam during his period of active duty from August 1973 to August 1976. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal Army Commendation Medal orders pertaining to the applicant. REFERENCE: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes policies and procedures for military awards. The regulation states the: a. Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required. b. Vietnam Campaign Medal 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. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. c. Air Force Outstanding Unit Award is governed by AR 670–1 (Uniform and Insignia Wear and Appearance of Army Uniforms and Insignia) for wear on the uniform and thereby not shown on the DD Form 214. 2. AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards. This regulation states that a soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited. 3. AR 635-5 (Personnel Separations, Separation Documents), dated 20 August 1973, in effect at the time, served as the authority for the preparation of the DD Form 214. It provided that the DD Form 214 would be prepared to reflect an individual’s service as it existed on the date of release from active duty or discharge. The regulation stated: * Item 19 would have the “Yes” block marked for Vietnam service and would show the specific dates of service * Item 27 would be used for authorized entries for which a separate item was not available on the DD Form 214 and to complete entries too long for their respective block; item 27 would contain the item number being completed DISCUSSION: 1. There are no orders for award of the Army Commendation Medal in his records and ADCARS does not contain a copy of any orders awarding him the Army Commendation Medal. The Army Commendation Medal is a personal decoration, which means, it requires a formal recommendation, approval by the chain of command, and announcement in official orders. 2. There is no evidence and he provided none showing his unit was awarded the Air Force Outstanding Unit Award by proper authority. 3. His service in Thailand is properly recorded on his DD Form 214 by the entry in item 27. 4. His DD Form 214 is the only document of record showing he served in Vietnam, and unfortunately, this form does not record the inclusive dates of his service in Vietnam. 5. Award of the Vietnam Campaign Medal requires at least 6-months of service in Vietnam. However, as his service dates in Vietnam are unknown, it is impossible to determine whether he met the criteria for award of the Vietnam Campaign Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019452 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019452 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2