ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 3 September 2019 DOCKET NUMBER: AR20180001095 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: * change Blood Type from O Positive to O Negative * add Vietnam-related service medals * add Expert Marksmanship Qualification Badge with Rifle Bar (M-16) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Quest Diagnostics printout 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: * his DD Form 214 and "Dog Tags" reflect his Blood Type as O Positive; the enclosed Quest Diagnostics printout shows his Blood Type as O Positive * when he was drafted, he tried three times to tell officials his Blood Type was O Negative; each time they drew more blood and stated it was O Positive * when he enrolled for benefits, the clerk told him he should have received two medals for his Vietnam service * he qualified expert with the M-16 rifle 3. Review of the applicant's service records shows: a. He underwent a pre-induction physical on 12 June 1968. The Report of Medical Examination listed his Blood Type as O Positive. b. He was inducted into the Army of the United States on 5 August 1968. c. Special Orders (SO) Number 236, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY on 18 September 1968 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). d. SO Number 257, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY on 10 October 1968 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). e. He served in Vietnam from 26 March 1969 to 6 April 1969. He was assigned to the 362nd Engineer Company. f. He requested a compassionate reassignment and was assigned to the 28th Artillery Group in Selfridge Air Force Base, MI, before he was separated for hardship. g. He underwent a separation physical on 9 December 1969. His Report of Medical Examination listed his Blood Type as O Positive. h. He was honorably released from active duty on 31 December 1969, due to hardship. His DD Form 214 shows he completed 1 year, 4 months, and 26 days of active service. It also shows in: * Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Vietnam Service Medal, and Expert Marksmanship Qualification Badge with Rifle bar (M-14) * Block 32 (Remarks), in part, Blood Group "O Positive" 4. By regulation (AR 635-5 - Separation Documents) the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The version in effect at the time of his discharge stated item 32 shows various entries including the Blood Group (obtained from medical records). 6. By regulation (AR 600-8-22 - Military Awards), a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign in Vietnam (Tet 69 Counteroffensive, 23 February 1969 to 8 June 1969). 7. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows, the 362nd Engineer Company was cited for awards of: * Meritorious Unit Commendation, for service from 1 July 1968 to 31 October 1969, by DA General Orders (DAGO) Number 2, dated 1971epartment o: * Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974 * Republic of Vietnam Civil Action Honor Medal, First Class Unit Citation for service from 3 August 1967 to 9 February 1970, by DAGO Number 43, dated 1970 8. By regulation (AR 672-5-1 - Military Awards), in effect at the time, the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of at least 1 year. The enlisted person must have had all "excellent" conduct & efficiency ratings and no convictions by a court-martial. The applicant meets the criteria in that: * he completed 1 year, 4 months, and 26 days of continuous active service * he received excellent conduct/efficiency ratings throughout his period of service * he has no record of a court-martial conviction BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board agreed there is sufficient evidence to grant full relief. In addition, 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 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 31 December 1969 by deleting the Vietnam Service Medal, and a. adding to item 24 * Vietnam Service Medal with one bronze service star * Vietnam Campaign Medal (1960) * Republic of Vietnam Civil Action Honor Medal, First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) b. amending item 30 to show his blood group as “O Negative” 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 entitled to awards not listed on his DD Form 214. As a result, amend his DD Form 214 as follows: * delete Vietnam Service Medal * add Vietnam Service Medal with one bronze service star, Meritorious Unit Commendation; Republic of Vietnam Civil Action Honor Medal, First Class Unit Citation; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 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 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The version in effect at the time of his discharge stated item 32 shows various entries including the Blood Group. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 4. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 5. Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. This includes the Vietnam Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180001095 4 1