ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 April 2019 DOCKET NUMBER: AR20190002917 APPLICANT REQUESTS: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he participated in operation Lom Sol and he served in direct support of the 101st Airborne Division * in effect, correction of his DD Form 214 to show his appropriate medals * all the appropriate medals be forwarded to him through the mail APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge) 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 has photos of himself in the Ashua Valley supporting the 101st Airborne Division during operation Lom Sol. 3. He enlisted in the Regular Army on 11 April 1969. 4. The applicant did not provide nor do his records contain any evidence that, while serving in Vietnam, he served in direct support of the 101st Airborne Division or that he participated in operation Lom Sol. 5. His DA Form 20 (Enlisted Qualification Record) shows: * he received foreign service credit for service in Vietnam for 3 August 1970 to 3 April 1971 * he was assigned to 870th Transportation Company, Vietnam, from 8 August 1970 through 22 December 1970 * he was assigned to Headquarters and Headquarters Company (HHC), 26th General Support Group, Vietnam, from 23 December 1970 through 3 March 1971 * he received conduct and efficiency ratings of excellent and unknown 5. His DD Form 214 shows he was honorably released from active duty on 7 March 1971. His last duty assignment reads, "HHC 26th Trans Co APO 96308 USARV," that he completed 7 months and 5 days of foreign service in United States Army Pacific Command, and that he served in Vietnam from 3 August 1970 through 7 March 1971. This form also shows he was authorized the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * One overseas service bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 6. His DD Form 214 does not reflect the Army Good Conduct Medal. There is no evidence of disqualifying information, lost time, or convictions by courts-martial. 7. Army Regulation 672-5-1 (Awards) stated the Army Good Conduct Medal may be awarded for 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. There must have been no convictions by a court-martial. 8. Army Regulation 600-8-22 (Military Awards) did not provide for issuing orders of operation or campaign medals. This regulation does not include a campaign medal for Operation Lom Sol 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) did not contain a campaign or campaign medal of operation Lom Sol. 10. Army Regulation 635-5 (Separation Documents) did not provide for entries on the DD Form 214 concerning any units other than the last unit with which a Soldier served. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. The analyst of record provided award updates in the administrative notes below. He served honorably in the Regular Army from 11 April 1969 through 7 March 1971. A review of his record shows he met regulatory guidance to receive the Army Good Conduct Medal (1st Award). However, his record is absent evidence he was awarded the medal. He requests that his DD Form 214 shows he supported the 101st Airborne Division (Air Assault). There is no provision to show division sized elements supported on the separation document, only the unit of assignment. In addition, regulatory guidance during his period of service did not provide for annotating the names of specific combat mission during a named war on the DD Form 214. Finally, ARBA does not issue medal and decoration sets. The applicant should contact the National Personnel Records Center for issuance of authorized award decorations. 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. In addition to the administrative notes annotated by the analyst of record (below the signature), 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 awarding him the Army Good Conduct Medal (1st Award) for service 11 April 1969 through 7 March 1971, and adding the award to his DD Form 214 for the period ending 7 March 1971. 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 the following: * correction of his DD Form 214 to show he participated in operation Lom Sol and he served in direct support of the 101st Airborne Division * all the appropriate medals be forwarded to him through the mail 6/20/2019 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. ADMINISTRATIVE NOTE(S): Make the following administrative to item 24 of the applicant's DD Form 214: * delete the Vietnam Service Medal, and * add the following awards: * Vietnam Service Medal with one bronze service star * Republic of Vietnam Gallantry Cross with Palm unit Citation 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 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. 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. 3. Army Regulation 600-8-22 (Military Awards) did not provide for issuing orders of operation or campaign medals. This regulation does not include a campaign medal for Operation Lom Sol 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) did not contain a campaign or campaign medal of operation Lom Sol. 5. Army Regulation 635-5 (Separation Documents) provided guidance for completing the DD Form 214 and stated: a. Item 12 (Last duty assignment and major command) enter the individuals current unit of assignment and title of the major command or agency having jurisdiction over that organization. b. Item 30 (Remarks) – does not provide for entering the names of units a Soldier supported or with which they served. //NOTHING FOLLOWS//