IN THE CASE OF: BOARD DATE: 28 March 2023 DOCKET NUMBER: AR20220007845 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 31 August 1973 to show: * Purple Heart * Army Good Conduct Medal (7th Award) * Korean Service Medal * United Nations Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Republic of Vietnam Gallantry Cross with Palm * Combat Infantryman Badge * Parachutist Badge * Rifle Qualification Badge * U.S. Army Infantry School APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, 31 August 1973 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 Board will not consider the following portions of the applicant's request, as these items will be addressed through an administrative correction: * Purple Heart * Korean Service Medal * United Nations Service Medal * Republic of Vietnam Campaign Medal * Republic of Vietnam Gallantry Cross with Palm * Combat Infantryman Badge * Parachutist Badge * Rifle Qualification Badge 3. The Board will only consider the following portions of the applicant's request: * Army Good Conduct Medal (7th Award) * Vietnam Service Medal * U.S. Army Infantry School 4. The applicant states, in effect, his DD Form 214 has quite a bit of information missing which include his service awards for Korea and Vietnam, as well as numerous qualification badges, and service schools. His service time was not calculated correctly, as he had no breaks in service and he did not serve as a part of any Reserve unit. He was unaware of the error until a Veterans of Foreign Wars (VFW) District Commander reviewed his DD Form 214 as a part of his pre-need funeral preparation for his wife because he is a 100% service-connected disabled veteran. 5. The applicant was honorably discharged from the Army National Guard on 20 January 1952. He enlisted in the Regular Army on 21 January 1952. 6. The applicant's DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 22 (Military Occupational Specialties) shows: * 11C - Infantry Indirect Fire Crewman * 91B - Medical Aidman * 76Z - Senior Supply Sergeant * 11B - Light Weapons Infantryman b. Item 31 (Foreign Service) shows service in Vietnam from 1 December 1964 to 11 February 1965 and from 8 February 1969 to 2 February 1970. c. Item 38 (Record of Assignments) shows during his service in Vietnam, he was assigned to Company B, 1st Battalion, 27th Infantry and Headquarters and Headquarters Company, Americal Division. d. Item 41 (Awards and Decorations) lists: * Senior Parachutist Badge * Korean Service Medal * United Nations Service Medal * National Defense Service Medal * Armed Forces Expeditionary Medal - Vietnam * Air Medal * Air Medal 1OLC * Purple Heart * National Defense Service Medal (2nd Award) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with device 60 * Combat Infantryman Badge (1st) * Combat Infantryman Badge (2nd) * Bronze Star Medal * 4 overseas service bars * Good Conduct Medal (1st Award) * Good Conduct Medal (2nd Award) * Good Conduct Medal (3rd Award) * Good Conduct Medal (4th Award) * Army Commendation Medal 7. The applicant was honorably discharged on 16 June 1954 for immediate reenlistment on 17 June 1954. 8. On 23 February 1955, before a special court-martial that convened at Camp McGill, Honshu, Japan, the applicant was tried and convicted of: * Charge I, one specification of assault of [Name] and [Name], by striking at them with his hands and kicking them with his feet * Charge II, one specification of wrongfully communicating to Corporal [Name], a threat to kill Corporal [Name) 9. The court sentenced him to restriction to the limits of Camp McGill, Honshu, Japan, for 60 days and forfeiture of $80.00 per month, for 6 months. 10. He reenlisted on 17 June 1954, and he was honorably discharged on 16 March 1960 for immediate reenlistment and issued a DD Form 214 for his period of service from 17 June 1954 to 16 March 1960. This DD Form 214 shows he was awarded or authorized: National Defense Service Medal, Good Conduct Medal (2nd Award), Expert Marksmanship Badge with Machine Gun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 11. He reenlisted on 17 March 1960, and he was honorably discharged on 16 March 1966 for immediate reenlistment and issued a DD Form 214 for his period of service from 17 March 1960 to 16 March 1966. This DD Form 214 shows he was awarded or authorized: Good Conduct Medal (3rd Award), Armed Forces Expeditionary Medal (Vietnam), Air Medal with Oak Leaf Cluster, and Purple Heart. 12. General Orders Number 195, dated 15 May 1970, show the applicant was awarded the Good Conduct Medal for the following periods of service: * 21 January 1958 to 20 January 1961 * 21 January 1961 to 20 January 1964 * 21 January 1964 to 20 January 1967 * 21 January 1967 to 20 January 1970 13. The applicant's records show he was awarded the Good Conduct Medal (4th Award), but there is no documentation or evidence that he was issued orders awarding him the Army Good Conduct Medal (7th Award). 14. The applicant reenlisted on 17 March 1966, and he was honorably discharged on 13 April 1972 for immediate reenlistment and issued a DD Form 214 for his period of service from 17 March 1966 to 13 April 1972. This DD Form 214 shows he was awarded or authorized: Bronze Star Medal, Good Conduct Medal (4th Award), and 4 overseas service bars. 15. On 26 October 1972, the applicant accepted non-judicial punishment (NJP) under field grade Article 15, for drunk and disorderly in a public place on or about 17 October 1972. His punishment included forfeiture of $125.00 per month for one month. Punishment of forfeiture of $125.00 per month for one month, to be suspended for two months. 16. The applicant's record does not contain documentation that he attended the U.S. Army Infantry School. It does show that he held Military Occupational Specialties 11C and 11B. 17. The applicant reenlisted on 14 April 1972, and he was honorably retired on 31 August 1973. His retirement DD Form 214 shows in: a. Block 22a (1) (Net Service This Period): 1 year, 4 months, and 17 days b. Block 22a (2) (Other Service): 24 years, 6 months, and 22 days c. Block 22a (3) (Total line plus line 2): 25 years, 11 months, and 9 days d. Block 22b (Total Active Service): 21 years, 8 months, and 24 days e. Block 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Army Commendation Medal and the Meritorious Service Medal f. Block 25 (Education and Training Completed): None g. Block 30 (Remarks): Vietnam from 1 December 1964 to 11 February 1965 and from 8 February 1969 to 2 February 1970; Indochina - Yes and Korea - Yes 18. Army Regulation 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. Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. However, no service member may be issued both medals for service in Vietnam. 19. Regulatory guidance states service training courses are listed on the DD Form 214 to assist members after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The applicant’s retirement DD Form 214 is from 14 April 1972 to 31 August 1973. While he might have previously held an infantry MOS upon his entry into the Army, there is no evidence the applicant completed an infantry course during the period covered by this DD Form 214. b. The applicant was awarded the Armed Forces Expeditionary Medal. By regulation, 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. Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. However, no service member may be issued both medals for service in Vietnam. c. The applicant's records show he was awarded the Good Conduct Medal (4th Award), but there is no documentation or evidence that he was issued orders awarding him the Army Good Conduct Medal (7th Award). In order to be awarded the Army Good Conduct Medal during a qualifying period, the enlisted person must have had all "excellent" conduct and efficiency ratings and there must have been no convictions by a court-martial. There was also 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. The applicant was convicted by a court-martial and received NJP. Additionally, there is no evidence the immediate commander made a positive recommendation for additional awards of the Army Good Conduct Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction 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): Add the following awards to block 24 of the applicant's DD Form 214: * Senior Parachutist Badge * Korean Service Medal with one bronze star * United Nations Service Medal * National Defense Service Medal (2nd Award) * Good Conduct Meal (4th Award) * Armed Forces Expeditionary Medal - Vietnam * Air Medal (2nd Award) * Purple Heart * Combat Infantryman Badge (2nd Award) * Bronze Star Medal * 4 overseas service bars * Korea Defense Service Medal * Republic of Vietnam Campaign Medal with Device 60 * Republic of Vietnam Gallantry Cross with Palm * Republic of Vietnam Civil Actions Honor Medal * Army Commendation Medal * Meritorious Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Machine Gun Bar 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 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. 3. Army Regulation 600-8-22 (Military Awards) states: a. 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. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. However, no service member may be issued both medals for service in Vietnam. b. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. One bronze star is authorized for each campaign c. The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal. d. 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. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. e. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 4. Army Regulation 635-5 (Personnel Separations Separation Documents) states: a. Military Education: list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. b. Decorations, medals, badges, citations and campaign ribbons awarded or authorized: list awards and decorations for all periods of service. Each entry will be verified by the Soldier's records. 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows Company B, 1st Battalion, 27th Infantry was cited for the following unit awards: a. Department of the Army General Order (DAGO) Number 51, dated 1971, awarded 1st Battalion, 27th Infantry, the Republic of Vietnam Civil Actions Honor Medal for the period 1 January 1966 to 21 January 1970. b. Department of the Army General Order (DAGO) Number 5, dated 1973, awarded, 1st Battalion, 27th Infantry, the Republic of Vietnam Gallantry Cross with Palm for the period 1 September 1968 to 30 September 1970. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007845 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1