IN THE CASE OF: BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20170013857 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 issuing the applicant a statement of service, showing he served on active duty from 17 November 1965 through 16 November 1968; he served in the Republic of Vietnam from on or about 15 June 1967 through on or about 17 March 1968; and he was awarded or authorized the: * Air Medal with Numeral 23 and "V" Device * Army Commendation Medal with "V" Device (2nd Award) * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle (M-1) and Carbine Bars 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 recreating a DD Form 214 for the period 17 November 1965 through 16 November 1968. 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: 9 April 2019 DOCKET NUMBER: AR20170013857 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 9 April 2019 DOCKET NUMBER: AR20170013857 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests the issuance of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for his second period of service from 17 November 1965 through 16 November 1968, showing his service in Vietnams and any corresponding awards and decorations. 2. The applicant states he needs a DD Form 214 showing this period of service and his service in Vietnam so he can receive his Vietnam service medals and be tested for Agent Orange exposure. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * DD Form 214, for the period ending 12 February 1964 * U.S. Army Human Resources Command (HRC) Information Paper 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Form 4 (Enlistment Record – Armed Forced of the United States), dated 17 November 1965 * USAFRD Form 63 (Acknowledgement of Service Obligation), dated 17 November 1965 * Letter Orders – E, issued by the U.S. Army Administration Center (USAAC), St. Louis, MO on 31 March 1966 * General Orders Number 4426, issued by Headquarters, 1st Aviation Brigade of 19 September 1967 * General Orders Number 102, issued by Headquarters, 1st Aviation Brigade on 9 January 1968 * General Orders Number 2024, issued by Headquarters, 1st Aviation Brigade on 9 April 1968 * General Orders Number 3141, issued by Headquarters, 1st Aviation Brigade on 21 May 1968 * General Orders Number 4005, issued by Headquarters, 1st Aviation Brigade on 21 June 1968 * General Orders Number 4812, issued by Headquarters, 1st Aviation Brigade on 19 July 1968 * General Orders Number 6869, issued by Headquarters, 1st Aviation Brigade on 4 October 1968 REFERENCES: 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. 2. Army Regulation 600-8-22 (Military Awards) states: a. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. (1) Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal. (2) A bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, Air Medal, and Bronze Star Medal. Although more than one award of the Army Commendation Medal, Air Medal, or Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of these medals. b. 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. c. 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. d. 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. 3. Army Regulation 635-5 (Separation Documents) 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 provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged or upon immediate reenlistment. This practice was stopped effective 1 October 1979. 4. Department of the Army Pamphlet 672–3 (Decorations, Awards, and Honors Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credits for the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to February 1986. DISCUSSION: 1. While 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 was inducted into the Army of the United States on 13 February 1962. He entered active duty and served until he was released from active duty on 12 February 1964. The DD Form 214 he was issued at the time does not indicate any foreign service and shows he was awarded or authorized the Marksman Qualification Badge with Rifle and Carbine Bars and the Sharpshooter Qualification Badge with Rifle Bar. 3. The applicant enlisted in the Regular Army on 17 November 1965, for a period of 3 years. Consistent with his enlistment, he completed a USAFRD Form 63, wherein he acknowledged he had a 3 year active duty commitment and, upon completion of that period, he would be transferred to the U.S. Army Reserve (USAR) to complete his 6-year service obligation. 4. The applicant's record contains several award orders that show he was assigned to the 189th Aviation (Assault Helicopter) Company in Vietnam. These orders cover the period from 15 June 1967 through 5 February 1968. 5. General orders issued by the 1st Aviation Brigade show the applicant was awarded the following on: * 19 September, Air Medal, for meritorious achievement * 9 January 1968, Air Medal, for heroism (1st Oak Leaf Cluster and "V" Device) * 9 April 1968, Army Commendation Medal for heroism (with "V" Device) * 21 May 1968, Air Medal for meritorious achievement (3rd through 21st Oak Leaf Cluster) * 21 June 1967, Air Medal for heroism (22nd Oak Leaf Cluster and "V" Device) * 19 July 1968, Air Medal for heroism (23rd Oak Leaf Cluster and "V" Device) * 4 October 1968, Army Commendation Medal for heroism (with "V" Device and 1st Oak Leaf Cluster) 6. HRC issued an information paper on 30 April 2013, stating they were unable to locate a copy of a DD Form 214 for the period 17 November 1965 to 16 November 1968. 7. While the exact dates of the applicant's second period of active duty cannot be fully validated, the DD Form 4 and the dates on his award orders show he served on active duty from on or about 17 November 1965 through on or about 16 November 1968, with service in Vietnam from at least 15 June 1967 through 4 October 1968. 8. The applicant served during a period for which the National Defense Service Medal was authorized. 9. Based on the verifiable dates shown on his award orders, he served in Vietnam during two campaign periods: * Vietnam Counteroffensive, Phase III, 1 June 1967–29 January 1968 * Tet Counteroffensive, 30 January 1967–1 April 1968 10. Based on the applicant's verifiable period of service with the 189th Aviation (Assault Helicopter) Company, he is authorized award of Republic of Vietnam Gallantry Cross with Palm Unit Citation. 11. The lack of a proper document to recognize the applicant's significant service in Vietnam demeans this service. The Board has the authority to direct the issuance of a statement that would recognize the applicant's verifiable information and list the applicant's awards based on the available orders, records, and regulations, to recognize his second period of service. //NOTHING FOLLOWS// ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170013857 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2