IN THE CASE OF: BOARD DATE: 18 May 2022 DOCKET NUMBER: AR20210015540 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following: * service in Vietnam * any service medals APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter Orders 8-157 * Special Orders 229 * DD Form 214 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 the error affects his disability claim for Agent Orange exposure and state benefits. 3. The applicant enlisted in the Regular Army on 12 April 1965 for a period of 4 years. He was awarded the military occupational specialty (MOS) 76A (supply clerk). 4. Letter Orders 8-157 show the applicant was assigned to 3rd RRU, APO SF, 96243. 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows: a. He served in Vietnam from 28 August 1965 to 10 December 1965. b. He served in Japan from 10 December 1965 to 23 November 1967. c. He was transferred to Arlington Hall Station, VA on 23 November 1967. d. He received all "excellent" conduct and efficiency ratings throughout most of his active duty service. He received one efficiency rating of "good". 6. A review of the applicant’s service record contains sufficient evidence to support his foreign service and show he is eligible for awards that are not annotated on his DD Form 214 for the period ending 11 April 1969. These awards and corrections will be added to his DD Form 214 as administrative corrections and will not be considered by the Board, to show in block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) and block 30 (Remarks) 7. The applicant was honorably released from active duty on 11 April 1969. His DD Form 214 shows he was credited 4 years’ net service this period, and 2 years 2 months 26 days of foreign and/or sea service. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows: * National Defense Service Medal * Armed Forces Expeditionary Medal * Meritorious Unit Citation * Vietnam Campaign Medal 8. The applicant's record is void of any unfavorable information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal. 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. The applicant was not assigned to a unit cited for an additional unit award. 10. The applicant was awarded the Armed Forces Expeditionary Medal for his service in Vietnam. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual. No person will be entitled to both awards for Vietnam service. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (AGCM) and his record shows he received "excellent" conduct and efficiency ratings throughout his service. Therefore, partial relief was granted to correct the applicant’s record and award him the Army Good Conduct Medal 2. Prior to closing the case, 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 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 award the Army Good Conduct Medal. 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 service in Vietnam. 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): Correct the applicant’s DD Form 214 for the period ending 11 April 1969 by: * deleting from Block 24: Vietnam Campaign Medal * adding to Block 24: Republic of Vietnam Campaign Medal with Device (1960) * adding to Block 30 (Remarks): SERVICE IN REPUBLIC OF VIETNAM: 28 August 1965 UNTIL 10 December 1965 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 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separations from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief (ERB), Officer Record Brief (ORB), enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, or any other document authorized for filing in the Official Military Personnel File. (1) Paragraph 2-2 (Source documents) states DA Form 20 (Enlisted Qualification Record) and DA Form 66 (Officer Qualification Record) are the basic source documents for preparing DD Form 214WS (Worksheet). However, in preparing DD Form 214WS, personnel officers should review all available documents such as the MPRJ (Military Personnel Records Jacket), DA Form 2143 (Military Personnel Financial Data Records, US Army) DA Form 3716 (Personal Financial Record), reassignment orders, enlistment or induction records, and any DD Forms 214 for prior service. (2) Paragraph 2-50 states for item 30 (Remarks) section will be used to complete entries too long for their respective blocks. Subparagraph 14 states indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. Sample: To show service in Vietnam only, "Vietnam-25 Apr 70 through 28 May 71” b. On direction of the Army Board for Correction of Military Records or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army, Army Review Boards Agency, is authorized to issue or reissue a DD Form 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances including when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). 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. Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015540 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1