IN THE CASE OF: BOARD DATE: 2 July 2020 DOCKET NUMBER: AR20200000740 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 31 October 2019 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 25 October 1965 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 for the period ending 24 October 1968 * DD Form 215 (Correction to DD Form 214), dated 19 April 2016 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 he served in Vietnam from 26 February 1967 to 22 March 1967. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 should be administratively corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. On 25 October 1965, the applicant enlisted in the Regular Army. 5. His records contain the following documents: a. 379th Signal Battalion, Thailand, Letter Order Number T-146, dated 18 February 1967, showing he was placed on temporary duty orders for approximately 25 days for the purpose of travel from Thailand for training in Saigon, Vietnam. b. DA Form 67 (Certificate of Training) showing he completed 181 hours of Toll Test Facilities Controller Course at 1st Brigade Signal School, U.S. Army Regional Communications Group, Saigon, Vietnam, during the period 1 March 1967 to 21 March 1967. 6. His DA Form 20 shows in part, in: a. item 31 (Foreign Service) – he served in Thailand from 17 October 1966 to 11 October 1967. b. item 33 (Appointments and Reductions) – no reductions. c. item 38 (Record of Assignments) – he received all "excellent" conduct and efficiency ratings with the exception of an "unknown" rating while in a student status in 1966. d. item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 7. On 24 October 1968, he was honorably released from active duty. He completed 3 years of net service. His DD Form 214 shows in: a. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal. b. item 26a (Non-Pay Periods Time Lost) – None. 8. On 7 April 2016 and in ABCMR Docket Number AR20150007538, the ABCMR granted his request for correction of his DD Form 214 for the period ending 25 October 1968 to show his service in the Republic of Vietnam for the period 26 February 1967 through 22 March 1967 and completion of the Toll Test Facilities Controller Course for 3 weeks in 1967. 9. On 19 April 2016, he was issued a DD Form 215 which corrected item 30 (Remarks) of his DD Form 214 for the period ending 24 October 1968 to show his service in Vietnam from 26 February 1967 to 22 March 1967 and completion of the Toll Test Facilities Controller Course for 3 weeks in 1967. 10. His records are void of any evidence showing he served in Vietnam for a period of 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas or he participated in actual combat operations. 11. His records are void of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) for the period 25 October 1965 through 24 October 1968. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and policy related to award of the Vietnam Service Medal. The Board considered the applicant’s statement, his record of service, evidence of training completed in Vietnam and the length of that training and his separation documents. The Board found insufficient evidence to show that the applicant served in Vietnam for a period of 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas or he participated in actual combat operations. The Board found insufficient evidence that the applicant served in a unit in direct support of operations in Vietnam. Based on a preponderance of evidence, the Board determined that the absence of the Vietnam Service Medal on the applicant’s DD Form 214 was not in error or unjust. The Board concurs with the correction stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, with the exception of the correction stated in the Administrative Note(s) that follow, 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 Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not listed on his DD Form 214. 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. a. The Vietnam Service Medal is awarded to all service members of the Armed Forces of the United States serving in Vietnam and its contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. Service members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award. To qualify for award of the Vietnam Service Medal an individual must meet one of the following qualifications: (1) Be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations. (2) Be attached to or regularly serve for 1 or more days aboard a U.S. naval vessel directly supporting military operations. (3) Participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations. (4) Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations. b. The Army Good Conduct Medal is awarded for any one of the following periods of continuous enlisted active Federal military service: (1) Each 3 years completed on or after 27 August 1940. (2) For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946. (3) For first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year. Subsequent awards must be for a completion of 3 years of continuous enlisted active Federal military service. (4) For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000740 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1