IN THE CASE OF: BOARD DATE: 31 January 2023 DOCKET NUMBER: AR20220007215 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served 2 years, 2 months, and 8 days of foreign service. APPLICANT'S SUPPORTING DOCUMENT(S) 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 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 his DD Form 214 shows in item 22c (Foreign and/or Sea Service) that he served 1 year, 2 months, and 8 days of foreign service. He contends that he was extended twice while serving in Vietnam for a total of 2 years, 2 months, and 8 days of foreign service. 3. The applicant’s service records contain sufficient evidence to support administrative corrections and additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show: a. Item 22c (Foreign and/or Sea Service) delete 1 year, 2 months and 8 days of foreign service and add 2 years, 2 months, and 8 days. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) add: Bronze Star Medal, Vietnam Service Medal with one silver and one bronze service stars, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation 4. The Board will consider the Army Good Conduct Medal as a related award. 5. The applicant enlisted in the Regular Army on 3 June 1966. 6. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he served in Vietnam from 7 December 1966 to 14 February 1969 (a total of 2 years, 2 months, and 8 days) * item 38 (Record of Assignments), he was assigned to the U.S. Army Strategic Communications Command (USASTRATCOM) Long Lines Battalion North during his service in Vietnam * item 38, he received all "excellent" conduct and efficiency ratings throughout his active duty service 7. The applicant was released from active duty and transferred to the U.S. Army Reserve on 14 February 1969. His DD Form 214 shows he was serving in the rank of staff sergeant/E-6 at the time of his release from active duty. The DD Form 214 further shows in: a. Item 22c, he was credited with 1 year, 2 months and 8 days of foreign service and the entry USARPAC (U.S. Army Pacific). b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal (known as the Republic of Vietnam Campaign Medal with Device 1960) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * 2 overseas service bars 8. The applicant's official military personnel file contains orders awarding him the Bronze Star Medal for meritorious service in Vietnam from 7 December 1966 to 4 February 1969. This award was not recorded on his DD Form 214. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant completed 2 years, 8 months, and 12 days of honorable service. His records reflect excellent conduct and efficiency ratings and ne derogatory information on file. The Board determined he qualifies for award of the Army Good Conduct Medal. 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 the Army records of the individual concerned be corrected, in addition to the corrections addressed in Administrative Note(s) below, by: * awarding him the Army Good Conduct Medal (1st Award) for service during the period 3 June 1966 through 14 February 1969 * adding award of the Army Good Conduct Medal (1st Award) to 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): His DD Form 214 will be administratively corrected as follows: a. Item 22c, delete 1 year, 2 months and 8 days of foreign service and add 2 years, 2 months, and 8 days. b. Item 24, add Bronze Star Medal, Vietnam Service Medal with one silver and one bronze service stars, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents. The regulation in effect at the time of the applicant's separation specified that item 22c of the DD Form 214 would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed (e.g., USARPAC). 3. Army Regulation 672-5-1 (Awards), in effect at the time, states 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, 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. 4. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating. A silver service star is authorized in lieu of five bronze service stars. Appendix B of this regulation shows that during his service in Vietnam, participation credit was awarded for the following six campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows that during his assignment to the USASTRATCOM Long Lines Battalion North, this unit was cited for award of the Meritorious Unit Commendation for service during the period 1 October 1968 to 15 June 1969. This unit award is not shown on his DD Form 214. His DD Form 214 should be corrected to show this unit award. 6. All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007215 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1