IN THE CASE OF: BOARD DATE: 14 December 2022 DOCKET NUMBER: AR20220005813 APPLICANT REQUESTS: in effect, * foreign service credit (FSC) for Vietnam * decorations, medals, badges, citations and campaign ribbons awarded or authorized APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate or Release or Discharge from Active Duty) * DA Form 2-1 (Personnel Qualification Record) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 DD Form 214 issued did not reflect his tours of duty in Vietnam which were December 1967 thru May 1969 and January 1970 thru June 1971. DD Form 214 also does not show ribbons, awards, or medals for Vietnam service. Correction should be made to reflect his combat tours to qualify for numerous privileges that can only be received if shown on his DD Form 214. 3. The applicant enlisted in the Regular Army on 19 July 1965. He held military occupational specialty 71B (Clerk Typist). He was honorably discharged for immediate reenlistment on 10 March 1967. He reenlisted on 11 March 1967 for six years. 4. His DA Form 2-1 (Personnel Qualification Record) shows: a. Item 5 (Oversea Service): * April 1967 - December 1967 Japan 8 months * December 1967 – May 1969 Vietnam 17 months * June 1970 – February 1971 (Vietnam) 7 months b. Item 9 (Awards, Decorations & Campaigns): * ARCOM (Army Commendation Medal) * ARCOM 1st oak leaf cluster (1OLC) * GCMDL (Good Conduct Medal) 2nd award c. Item 35 (Record of Assignments): Effective Date; Principal Duty; Organization and Station or Oversea Country. * 6704; Cargo Clerk; US Army Depot, Japan * 6712; Clerk Typist; HHC (Headquarters and Headquarters Company (HHC), 97th Military Police (MP) Battalion; Japan * 6906; No principal duty; CoB (unknown) U.S. Army Training Center, Fort Jackson, SC * 700606; No principal duty; Headquarters and Headquarters Detachment (HHD) 93d MP Battalion, 18th MP Brigade, Vietnam * 710210; No principal duty; HHC 23d Infantry Division, Vietnam * 711022; Casual; Enroute to Continental U.S. 5. General Orders Number 2393, issued by Headquarters, U.S. Army Vietnam, on 3 July 1969, shows he was awarded the ARCOM in the Republic of Vietnam for meritorious service while assigned to 93d MP Battalion from December 1967 to June 1969. 6. General Orders Number 11570, issued by Headquarters, 23d Infantry Division, on 10 October 1971, shows he was awarded the ARCOM (1OLC) in the Republic of Vietnam for meritorious service in connection with military operation against a hostile force from 10 February 1971 to 22 October 1971. 7. He was discharged under honorable conditions on 5 October 1981, for completion of required service. His DD Form 214 shows he completed 6 years, 6 months, and 25 days of net active service this period. It also shows: * Item 12f (Foreign Service): 02 years|08 months|00 days * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Overseas Service Ribbon, ARCOM-1, GCMDL-2, National Defense Service Medal, Army Service Ribbon * Item 18 (Remarks): Separated from service on incomplete records 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 regulations. Upon review of the applicant’s petition and available military records the Board determined the applicant’s DD Form 214 for the period ending 5 October 1981 accurately reflects his foreign service for Japan for 8 months, Republic of Vietnam for 17 months and again in Vietnam for 7 months, which totals 02 years|08 months|00 days. However, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 19 July 1965 to 10 March 1967. Based on this, the Board determined partial relief was warranted for correction of the applicant’s record to show award of 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. 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 exemplary service from 19 July 1965 to 10 March 1967 and adding the medal to his DD Form 214 for the period ending 10 March 1967. 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 correction of his foreign service credit on his DD Form 214. 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 service records shows he is entitled to awards not listed on his DD Form 214. As a result, amend his DD Form 214 ending on 5 October 1981 to add: * Army Commendation Medal (2nd Award) * Vietnam Service Medal with 1 silver service star and 4 bronze service stars * Republic of Vietnam Campaign Medal with device (1960) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Item 18 (Remarks) SERVICE IN VIETNAM FROM DECEMBER 1967 thru MAY 1969 and 6 JUNE 1970 thru 10 FEBRUARY1971. REFERENCES: 1. Title 10, U.S. 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 (AR) 635-5 (Separation Documents) the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation from active duty. Item 12f states enter the total amount of foreign service completed during the period covered in item 12e. 3. AR 635-8 (Separation Processing and Documents) currently in effect states for block 18 (Remarks) for active-duty Soldiers deployed with their unit during their continuous period of active service, enter SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” 4. AR 600-8-22 (Military Awards) states the Vietnam Service Medal is 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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. A silver service star is authorized in lieu of five bronze service stars. a. 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 b. The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operation. 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. Not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. b. This pamphlet shows the unit to which the applicant was assigned (HHC 97th MP Battalion) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 September 1966 to 28 March 1973 by Department of the Army General Order Number 6 dated 1974. c. This pamphlet shows the unit to which the applicant was assigned (HHD 93d MP Battalion) was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1970 to 30 June 1971 by Department of the Army General Order Number 32 dated 1973. d. This pamphlet shows the unit to which the applicant was assigned (HHC 97th MP Battalion) was cited for award of the Meritorious Unit Commendation for the period 1 May 1967 to 30 April 1968 by Department of the Army General Order Number 55 dated 1968.6 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005813 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1