ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 August 2019 DOCKET NUMBER: AR20170003283 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States (U.S.) Report of Transfer or Discharge) by adding the following: * National Defense Service Medal * any Vietnam era award entitlements * .50 caliber machine gun (MG) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he should be eligible for the National Defense Service Medal and Vietnam era entitlements because several fellows from his company were issued medals. He spent over 2 years overseas during the Berlin build up in Germany. During the uprising with the French and Algerians he thinks in 1962, he was put on a 50 caliber machine gun on a hill for 24-48 hours. 3. A review of the applicant’s service record shows: a. He was enlisted in the Regular Army on 28 November 1960. b. He completed basic combat and advanced individual training and was awarded specialty number and title 763.10 (Ordnance Supply Specialist) in April 1961. c. He was assigned to 554th Ordnance Company, Fort Leonard Wood, MO. He served in France from 18 October 1961 to 3 February 1963 and in Germany from 7 February 1963 to 27 September 1963. d. There is no record or indication (entry on a personnel record, award certificate, orders, or other documents) that shows he served in Vietnam or was awarded the .50 caliber machine gun marksmanship qualification badge. e. On 27 November 1963, he was honorably released from active duty for expiration of term of service (ETS) and transferred to the U.S. Army Reserves (USAR). He completed 3 years of active service. His DD Form 214 shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * Marksman Marksmanship Qualification Badge (M-16) * Sharpshooter Marksmanship Qualification Badge (M-14) * Sharpshooter Marksmanship Qualification Badge (Carbine) * Good Conduct Medal 4. On 28 November 1963, he was assigned to the USAR Control Group (Reinforcement), U.S. Army Corps, St. Louis, MO. On 31 October 1966, he was honorably released from the USAR Control Group for ETS. 5. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The regulation in effect at the time stated for item 26, enter all awards and decorations. 6. By regulation Army Regulation 672-5-1 (Awards), a. The National Defense Service Medal 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. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the U.S. 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. c. The Vietnam Campaign Medal is awarded to all members of the Armed Forces of the U.S. 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. BOARD DISCUSSION: After review of the application and all evidence, the Board found some relief is warranted. The applicant’s contentions were carefully considered. His record is absent evidence showing he qualified with a .50 caliber weapon and achieved a specific marksmanship level. The Board agreed there is insufficient evidence to grant that portion of the relief. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 adding the National Defense Service Medal to his DD Form 214 for the period ending 27 November 1963. 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 add a .50 caliber weapon qualification. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s service records shows he is eligible for an award not listed on his DD Form 214. As a result, amend his DD Form 214 to show in item 26 the National Defense Service Medal. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Section III (Instructions for Preparation and Distribution of the DD Form 214), all available records will be used as a basis for the preparation of DD Form 214A (Worksheet), including DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. For item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), enter from section 9 (Awards and Decorations), DA Form 24 all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. 3. AR 672-5-1 (Awards), in effect at the time, prescribes policies and procedures for military awards and decorations. a. Paragraph 72 provides, in pertinent part, for award of the National Defense Service Medal. This medal was established by Executive Order (EO) 10448 (Department of the Army Bulletin 4, 1953), as amended by EO 11265 and Department of Defense Directive 1348.17, 1 April 1966. It 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. b. Paragraph 74.2 provides, in pertinent part, for award of the Vietnam Service Medal. This medal was established by EO 11231, 8 July 1965, as amended by EO 13286, 2 February 2003. It is awarded to all members of the Armed Forces of the U.S. for qualifying service in Vietnam and its contiguous waters or airspace there over, 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. c. Paragraph 80.1 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal (VCM). The VCM was awarded by the government of the Republic of Vietnam to all members of the Armed Forces of the U.S. 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. Also, the VCM may be awarded to individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to the Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973; and Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170003283 4 1