IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170003125 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: 19 September 2018 DOCKET NUMBER: AR20170003125 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 31 May 1965 to 29 May 1968 * deleting from item 24 of his DD Form 214 the Vietnam Service Medal * adding to item 24 of this form the: * Army Good Conduct Medal (1st Award) * Air Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Combat Infantryman Badge * Vietnam Service Medal with three bronze service stars * Vietnam Campaign Medal with Device 1960 * Meritorious Unit Commendation * Valorous Unit Award * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation ____________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: AR20170003125 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 award of the Vietnam Campaign Medal with Device 1960, Air Medal, and any other awards to which he is entitled. 2. The applicant states there was an oversight at the time his DD Form 214 was prepared. 3. The applicant provides the following: * Special Orders (SO) Number 214, 220, 113, 48, and 205 * Letter Orders Number 4357 * Letter of Appreciation * Transmittal of Award memorandum * DA Form 1049 (Personnel Action) 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. He was inducted into the Army of the United States on 31 May 1965 and he held military occupational specialty 11B (Light Weapons Infantryman). 3. He provides copies of the following: * SO Number 214, dated 8 September 1965, which awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * SO Number 220, dated 15 September 1965, which awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * SO Number 48, dated 17 February 1966, which awarded him the Combat Infantryman Badge * Letter of Appreciation, dated 27 August 1966, for his participation in Paul Revere II 4. His records contain General Order (GO) Number 3662, issued by the 1st Calvary Division on 1 November 1966, which awarded him the Air Medal for meritorious achievement while participating in aerial flight, for the period from January to June 1966, in Vietnam. 5. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) and item 38 (Record of Assignments) show he served in Vietnam from 20 October 1965 to 19 October 1966, during three campaigns and was assigned to: * Company C, 1st Battalion (Airborne), 327th Infantry, from 29 October to 10 November 1965; at this time he received "unknown" conduct and efficiency ratings * Troop C, 1st Battalion, 9th Calvary, 1st Calvary Division, from 11 November 1965 to 19 February 1966 * Troop B, 1st Battalion, 9th Calvary, 1st Calvary Division, from 20 February to 26 November 1966 * he received the "excellent" conduct and efficiency ratings from 4 June to 28 October 1965 and from 11 November 1965 to 7 August 1967; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service b. Item 41 (Awards and Decorations) lists all the awards listed on his DD Form 214 and the Vietnam Campaign Medal with Device 1960 and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), which were not listed on his DD Form 214. 6. He also provides a Transmittal of Award memorandum, dated 8 June 1967, wherein Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, forwarded GO's, Citation, and certificate for the Air Medal to be presented to him. 7. He was honorably released from active duty, in the rank/grade of Sergeant (SGT)/E-5, on 29 May 1968. His DD Form 214 shows he completed 2 years, 11 months, and 29 days of active service. His DD Form 214 also shows in: * Item 22c (Foreign And/Or Sea Service) – 11 months and 29 days and the entry USARPAC (U.S. Army Pacific) * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the: * Combat Infantryman Badge * National Defense Service Medal * Vietnam Service Medal REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. 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 Defense Campaign, 8 March 1965—24 December 1966 * Vietnam Counteroffensive, 25 December 1965—30 June 1966 * Vietnam Counteroffensive, Phase II, 1 July 1966—31 May 1967 b. The Republic of Vietnam Campaign Medal with Device (1960) 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. 2. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal 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. There must have been no convictions by a court-marital. 3. 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. 4. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. The pamphlet shows his units: * 1st Battalion, 327th Infantry, was cited for award of the Meritorious Unit Commendation, for the period from 29 July 1965 to 1 October 1966, by amended DAGO Number 17, dated 1968 * Troop B, 9th Calvary, was cited for award of the: * Valorous Unit Award, for the period from 9 to 16 August 1966, by DAGO Number 17, dated 1968 * Presidential Unit Citation, for the period 25 August to 1 October 1966, by DAGO Number 2, dated 1973 5. DAGO Number 8, dated 1974, 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. Orders awarded him the Air Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Combat Infantryman Badge during his period of service. His DD Form 214 does not lists these awards. 2. He was awarded the Vietnam Service Medal and he participated in three campaigns during his service in Vietnam. He meets the criteria for award of three bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 does not list these service stars. 3. His DA Form 20 lists Vietnam Campaign Medal with Device (1960), furthermore, he meets the criteria for this award, which is not listed on his DD Form 214. 4. Notwithstanding, his receipt "unknown" conduct and efficiency ratings from 29 October to 10 November 1965, he received "excellent" conduct and efficiency ratings during his service from 4 June to 28 October 1965 and from 11 November 1965 to 7 August 1967. He also attained the rank/grade of SGT/E-5, served in Vietnam, and completed over 2 years of honorable service. There is nothing in his record to disqualify him from award of the Army Good Conduct Medal (1st Award) for the period of service from 31 May 1965 to 29 May 1968. 5. GO awarded his units the Meritorious Unit Commendation, Valorous Unit Award, Presidential Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. These unit awards are 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) AR20170003125 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003125 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2