IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20170001677 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: 22 August 2018 DOCKET NUMBER: AR20170001677 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: * deleting from item 24 of his DD Form 214 the Vietnam Service Medal * adding to item 24 of this form the: * Korea Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 award of the Overseas Service Ribbon and Army Service Ribbon. ___________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: 22 August 2018 DOCKET NUMBER: AR20170001677 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 add the Overseas Service Ribbon, Army Service Ribbon, Korea Defense Service Medal, and Republic of Vietnam Gallantry Cross with Gold Palm Unit Citation [properly known as the Republic of Vietnam Gallantry Cross with Palm Unit Citation]. 2. The applicant states his DD Form 214 does not list these awards. 3. The applicant provides no additional evidence. 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 4 May 1966. 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: * Items 31 (Overseas Service) and 35 (Record of Assignments) show: * He was assigned to Korea from 18 June 1964 to 8 June 1965 * He was assigned to Vietnam from 7 January to 29 December 1968, during two campaigns; during this period he served with * F Battery, 44th Missile Battalion, 4th Artillery, APO, from 14 July 1964 on or about 8 June 1965 * Headquarters and Headquarters Detachment (HHD), 37th Signal Battalion, 1st Signal Brigade, Vietnam, from 25 April 1968 to 26 December 1968 * Item 41 (Awards and Decorations) – All the awards listed on his DD Form 214 and the Sharpshooters Marksmanship Qualification Badge with Rifle Bar 4. Special Orders Number 122, dated 19 July 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 5. He was honorably released from active duty on 6 May 1970. His DD Form 214 shows he completed 4 years and 3 days of active service. His DD Form 214 also shows: • Item 22c (Foreign And/Or Sea Service) – 1 year, 11 months, and 13 days and the entry Vietnam • Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – The: • Missileman Badge • National Defense Service Medal • Army Good Conduct Medal (2nd Award) • Vietnam Service Medal • Vietnam Campaign Medal with Device 1960 • Two Overseas Service Bars • Bronze Star Medal REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states: a. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The Overseas Service Ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. b. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. c. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. d. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During the applicant’s service in Vietnam, campaign participation credit was awarded for: * Vietnam Advisory Campaign, 15 March 1962—7 March 1965 * Vietnam Defense Campaign, 8 March 1965—24 December 1965 2. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 24 would list all awards awarded or authorized during the period covered by the DD Form 214. 3. Department of the Army (DA) General Orders Number 8, dated 1975, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period from 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant served a qualifying period for award of the Korea Defense Service Medal. His DD Form 214 does not list this award. 2. He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) during his period of active duty. His DD Form 214 does not list this badge. 3. He was awarded the Vietnam Service Medal and participated in two campaigns during his service in Vietnam. He meets the criteria for award of two bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 does not list these service stars. 4. GO's awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. This unit award is not listed on his DD Form 214. 5. He served on active duty from May 1966 to May 1970. The Overseas Service Ribbon and Army Service Ribbon were not established until 1981, after his release from active duty service. However, his awards of two Overseas Service Bar for his overseas tours are properly shown on 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) AR20170001677 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001677 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2