IN THE CASE OF: BOARD DATE: 20 April 2020 DOCKET NUMBER: AR20190006018 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 2004 to show in: a. block 12f (Foreign Service) to show: 1 year and 7 months and b. block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – award of the Global War on Terrorism Service Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 16 January 2019 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 September 1969 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 2004 * memorandum, 3429th Military Intelligence Detachment, dated 20 July 2004, subject: Award of the Global War on Terrorism Service Medal FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, 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 states: a. His original DD Form 214 for the period ending 18 September 1969 is proof he served in Vietnam for 1 year and 7 months. He served in combat and it should be noted on the DD Form 214 he received at his retirement. b. He received a memorandum showing the Global War on Terrorism Service Medal after he retired and it should be listed on his DD Form 214. c. He never realized his foreign service was not included on his DD Form 214 ending 31 May 2004 until he started getting his affairs in order for his future internment in a National cemetery. He served his country in combat and it should be noted on his DD Form 214. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 for the period ending 31 May 2004. His DD Form 214 for this period will be administratively corrected to show award of the following: * National Defense Service Medal * one silver service star to his previously-issued Vietnam Service Medal * Global War on Terrorism Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Basic Aviation Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 4. The Board will consider his request for adding his foreign service in Vietnam to block 12f on his DD Form 214 for the period ending 31 May 2004. 5. On 19 September 1966, the applicant enlisted in the Regular Army. 6. On 18 September 1969, he was honorably released from active duty. His DD Form 214 for this period shows in: a. block 22c (Foreign Service or Sea Service) – 1 year and 7 months. b. block 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the following: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal with one five bronze service stars (one silver service star) * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal with "V" Device * Bronze Star Medal * Aircraft Crew Member Badge (now known as the Basic Aviation Badge) * three overseas service bars * National Defense Service Medal 7. On 15 September 1986, he reenlisted in the Regular Army. 8. On 31 May 2004, he was retired. His DD Form 214 for this period shows in: a. block 12f (Foreign Service) – "00 years, 00 months, and 00 days and b. block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the following: * Legion of Merit * Bronze Star Medal with "V" Device * Bronze Star Medal * Meritorious Service Medal (5th Award) * Air Medal with Combat Distinguished Device "V" (Air Medal with "V" Device) * Air Medal (17th Award) (Air Medal Numeral 17) * Army Commendation Medal (3rd Award) * Army Achievement Medal * Valorous Unit Award * Meritorious Unit Commendation (2nd Award) * Army Reserve Components Achievement Medal (3rd Award) * Vietnam Service Medal * Armed Forces Reserve Medal (2nd Award) * Army Service Ribbon 9. His available records are void of any evidence he had any foreign service during period 15 September 1986 through 31 May 2005. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. Evidence of record shows the applicant’s DD Form 214, for the period ending 18 September 1969, properly reflected the applicant’s foreign service for that service period. The Board found insufficient evidence to reflect that the applicant had any additional foreign service during the period of service shown on the DD Form 214 ending 31 MAY 2004. The Board determined evidence presented does not demonstrate the existence of a probable error or injustice. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the corrections addressed in Administrative Note(s) below, the Board found the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 records shows he was awarded or authorized the following awards not listed on his DD Form 214 for the period ending 31 May 2004: * National Defense Service Medal * one silver service star to his previously-issued Vietnam Service Medal * Global War on Terrorism Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Basic Aviation Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. Title 10, United States 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 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Instructions state: a. a silver service star is worn instead of five bronze service stars and b. the Aircraft Crew Member Badge was renamed the Basic Aviation Badge. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Instruction stated, in part, for: a. block 12, from the officer record brief, to enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period) and b. block 13, to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records. Do not use abbreviations. 4. Department of the Army General Orders Number 8, dated 19 March 1974, confirmed 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190006018 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1