ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20190005115 APPLICANT REQUESTS: the Vietnam Service Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with a separation date of 22 August 1969, for his 11 month period of service in Thailand. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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, in effect, he served in Thailand for a period of 11 months which qualifies him for award of the Vietnam Service Medal but it is not listed on his DD Form 214. 3. On 25 August 1966, the applicant enlisted in the Regular Army for a period of three years. He completed basic combat and advanced individual training and was awarded military operational specialty MOS 76D (Ordnance Supply and Parts Specialist). 4. Special Orders Number 39, Headquarters, United States Army Personnel Center, dated 8 February 1967, shows the applicant received orders for the purpose of onward travel to his unit of assignment in Thailand. 5. On or about 13 February 1967, the applicant was assigned to the Headquarters and Maintenance Support Company, 7th Maintenance Battalion (Direct Support), United States Army Pacific (USARPAC). His DA Form 20 (Enlisted Qualification Record) shows: * item 31 (Foreign Service) shows he served for 11 months in the overseas command USARPAC – Thailand * item 38 (Record of Assignments) shows 3 February 1967, effective date, entry for block Organization and Station or Theater shows the word "Thailand" was stricken through * item 39 (Campaigns) is void of an entry * he received conduct and efficiency ratings of "excellent" during his period of service for active duty 6. On 22 August 1969, the applicant was released from active duty. He completed 2 years, 11 months, and 28 days of net service this period that was characterized as honorable. His DD Form 214 shows he was awarded the: * "National Defense Service Medal" * "Expert (M-14)" 7. The applicant's record is void of evidence or statements disqualifying him for the award of the Army Good Conduct Medal. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his documented service in Thailand, the absence of disqualifying documents to preclude an Army Good Conduct Medal and the awards currently found on his DD Form 214. The Board determined by preponderance of evidence that the applicant met the criteria for award of the Vietnam Service Medal and the Army Good Conduct Medal and that a correction to his record was required. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 Army records of the individual concerned be corrected as follows: - Award his the Army Good Conduct Medal for his service from August 1966 to August 1969; - Award his the Vietnam Service Medal for his service in Thailand after 23 July 1965, and ; - Amend his DD Form 214 for the period of service ending 22 August 1969 to add in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – “Army Good Conduct Medal and Vietnam Service Ribbon”. 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): Not Applicable ? 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), in effect at the time, stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. The regulation stated that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). 6. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal was 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. Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam were also eligible for this award. 7. 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 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. ABCMR Record of Proceedings (cont) AR20190005115 3 1