ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 19 November 2019 DOCKET NUMBER: AR20170007407 APPLICANT REQUESTS: correction of military records to show: * his service time in Republic of Vietnam (RVN) based on the Army Commendation Medal from 12 September 1966 to 9 June 1967 per General Order Number 152, dated 16 July 1967 * promotion to major (MAJ) in U.S. Army Reserve (USAR) * missing several campaigns involved in during RVN Tour APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army Commendation Medal (ARCOM) Citation, 12 September 1966 to 9 June 1967 * Self-Authored Statement, dated 28 November 2016 * National Personnel Records Center (NPRC) Letter, dated 26 January 2017 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * General Orders Number 152, dated 16 July 1967 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 (ABCMR) 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 is eligible for additional unit awards and the Army Commendation Medal not reflected on his DD Form 214. As a result these awards will be added to his DD Form 214 as administrative corrections and do not require action by the Board. The Board will consider the issue of service time in Vietnam, and promotion to major in the USAR. 3. The applicant states to adjust time in RVN based on Army Commendation Medal from 12 September 1966 to 9 June 1967. There was an error he was promoted to MAJ in the USAR not sure what date. He is missing several campaigns earned during Vietnam tour. 4. The applicant provides: a. Army Commendation Medal Citation which was presented to him for performance of exceptionally meritorious service in support of the United States objectives in the counterinsurgency effort in the Republic of Vietnam during the period of 12 September 1966 to 9 June 1967. b. A self-authored letter, dated 28 November 2016, which states to add the Army Commendation Medal award for his Vietnam service to his DD Form 214, as well as the promotion to MAJ, USAR section 30. He also believes that there are several other theater campaign awards he is eligible for. c. NPRC letter, dated 26 January 2017, which responds to the applicant’s request to amend/correct his military records. The National Personnel Records Center referred him to the ABCMR. d. His DD Form 214, shows he was honorably relieved from active duty, for voluntary request on 16 July 1967. He was transferred to the USAR Control Group (Reinforcement), St. Louis, MO to complete his military obligation 8 June 1968. He completed 5 years, 7 days of active service; 3 years, 1 month, and 7 days foreign service. Item 5a (Grade, Rate or Rank) – captain (CPT) 5c (Date of Rank) – 31 March 1966. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Parachute Badge * Ranger Tab e. His General Orders Number 152 issued by 18th Engineer Brigade, APO 96377 on 16 July 1967 shows he was awarded the Army Commendation Medal for meritorious service in Vietnam for the period of 12 September 1966 to 9 June 1967. 5. A review of the applicant’s service record shows: a. He was appointed as an officer in the USAR on 9 June 1962. He was appointed in the Regular Army (RA) as first lieutenant (1LT) on 29 July 1966. On 19 September 1966, he voluntarily declined the appointment to RA to pursue his career in civil engineering in the civilian environment. b. His DA Form 66 (Officer Qualification Record) shows item 17 (Foreign Service) that he served in U.S. Army Europe from 30 October 1962 to 21 August 1965 and in Vietnam from 24 March 1967 to 8 July 1967. It also shows in Item 12 (Appointments Date of Rank): * second lieutenant, 10 July 1962 * first lieutenant, 10 January 1964 * captain, 17 July 1967 c. He was honorably relieved from active duty and transferred to the USAR Control Group (Reinforcement) in the rank of CPT on 16 July 1967. He completed 5 years and 7 months of active service; 3 years, 1 month, and 7 days foreign service. Item 5a (Grade, Rate or Rank) shows his rank as CPT, Item 5b (Pay Grade) O-3. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Parachute Badge * Ranger Tab d. Special Orders number 112AR, dated 7 January 1968, shows his Federal Recognition changed to Federal Recognition extension and transferred to the USAR effective 4 January 1968. His unit at the time was Headquarters Company, 3rd Battalion, 145th Infantry Ohio. e. Letter Orders Number 02-153893 voluntarily relieved him from USAR Control Group (Reinforcement) effective 6 January 1971. Letter Orders Number 03-15755 relieved him from the USAR Control Group (Standby (Inactive)) effective 3 February 1975. f. His DA Form 3726 (Ready Reserve Agreement) shows on 28 October 1975 he agreed to be a member of the Ready Reserve until 1 January 1977. g. On 30 September 1975, a letter issued by the U.S. Army Engineer School notified him of that his nonresident Engineer Officer Advanced Course was completed on 15 August 1975. h. A letter issued by the Department of the Army 3291 U.S. Army Reserve School, Memphis, TN, to the Commander of First U.S. Army in Fort Meade, MD recommended him for mandatory promotion to major (MAJ) on 5 November 1975, in accordance with Circular 135-21 and AR 135-155 (Promotion of Commission Officers and Warrant Officers Other Than General Officers). 6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1962 and 1967 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal additional awards. 7. By regulation, separation documents will be prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states in item 5a, the grade in which serving at time of separation is entered. 8. Army Regulation 635-5 (Separation Documents), dated 23 January 1967, states to enter for item 22c the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., Vietnam. By regulation, 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. 9. Army Regulation (AR) 600-8-22 (Military Awards), currently in effect, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. 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. He meets the criteria by virtue of having served more than 6 months in Vietnam. c. Department of the Army General Orders Number 55, dated 1968, announced award of the Meritorious Unit Commendation to the 18th Engineer Brigade and its subordinate units from 1 January 1967 to 29 February 1968. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the award citation spoke about supporting Vietnam war efforts for the requested period, not that the applicant served in Vietnam the entire period. Because the applicant’s DA Form 66 specifically reflects the applicant served 3 months in Vietnam, the Board concluded the information currently reflected on the applicant’s DD Form 214 was correct. Additionally, based upon the documentary evidence, the Board concluded that if the applicant was promoted to the rank of Major (it cannot be determined based upon the available documentation), the promotion occurred after the publication date of the DD Form 214. Therefore, there is no evidence of an error or injustice related to the applicant’s rank. The Board did wish to inform the applicant that a DD Form 214 only publishes information as it was at the time of completing a term of active service. Any information that may change after the last term of active service (such as promotions) would not be reflected on the DD Form 214. The Board did note the administrative notes below from the analyst of record and recommended those changes also be completed to more accurately reflect 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding the awards reflected below in the administrative notes. 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 changing his rank and adding additional service time in Vietnam. 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 show he is authorized awards not listed on his DD Form 214. As a result, amend his DD Form 214 by deleting the Vietnam Service Medal and adding: * Army Commendation Medal, General Orders Number 152 issued by 18th Engineer Brigade, APO 96377 on 16 July 1967 for meritorious service in Vietnam for the period of 12 September 1966 to 9 June 1967 * Vietnam Service Medal with one bronze service star * Meritorious Unit Commendation, Department of the Army General Orders Number 55, 1968 awarded the 18th Engineer Brigade and its subordinate units from 1 January 1967 to 29 February 1968 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 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 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). It states in Item 5a (Grade, Rate or Rank), the grade in which serving at time of separation is entered This regulation identified the DD Form 214 as a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. b. Item 22b would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed, e.g., 22 C "Foreign and/or Sea Service (Vietnam). 3. Army Regulation 600-8-22 (Military Awards) states: a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States 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. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. 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. c. Department of the Army General Orders Number 55, dated 1968, announced award of the Meritorious Unit Commendation to the 18th Engineer Brigade and its subordinate units from 1 January 1967 to 29 February 1968. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170007407 3 1