BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130019473 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Adding his award of the Army Commendation Medal (ARCOM)
* Showing no lost time in item 26a (Non-Pay Periods Time Lost)
* Showing in item 30 (Remarks) that he had no lost time
* Showing in item 30 that he served in Vietnam during the period 4 April 1969 – 3 April 1970
* Showing in item 22c (Foreign and/or Sea Service) all of his foreign service
* Adding overseas bars for all of his foreign service
* Adding his campaign participation
* Adding the Overseas Service Ribbon with numeral “3”
* Adding any additional awards that he may be entitled
* Issuing him medal sets for all of his authorized awards

2.  The applicant states, in effect, that his award of the ARCOM was not added to his DD Form 214, that his DD Form 214 incorrectly reflects lost time, contains only his Vietnam service and does not include his service in Turkey and Okinawa, does not include his campaigns, and does not include Overseas Service Bars or the Overseas Service Ribbon. 

3.  The applicant provides a two-page enclosure explaining his application and a list of enclosures.


CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 27 June 1967 for a period of    4 years and assignment to the Army Security Agency (ASA).  He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as a military policeman at Fort Gordon, Georgia before being transferred to Turkey on 5 January 1968.

3.  He departed Turkey on 30 November 1968 for assignment to Fort Devens, Massachusetts where he remained until he was transferred to Vietnam on 4 April 1969 for assignment to the 175th Radio Research Company.  He served in two campaigns and departed Vietnam on 3 April 1970 for assignment to Okinawa beginning on 1 May 1970.

4.  He departed Okinawa on 11 June 1971 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 12 June 1971 as an overseas returnee.  He had served 3 years, 11 months and 16 days of active service and his DD Form 214 shows in item 22c that he served 11 months and 29 days of foreign service, in item 24 (Decorations, medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Good Conduct Medal.  His       DD Form 214 also shows in item 26a the entry “10-18 October 70” and in item 30 the entries “RVN 3 April 69 – 3 Apr 70” and “3 days lost time.”

5.  On 5 May 1972, the office of The Adjutant General issued a DD Form 215 (Correction to DD Form 214) correcting item 22c to show 3 Years, 1 month, and 8 days of foreign service, item 26a to show the entry “none,” item 30 by deleting the entries “RVN 3 April 69 – 3 Apr 70” and “3 Days Lost time” and by adding to item 30 the entry “4 Apr 69 – 3 Apr 70.”  Accordingly, the issues of foreign service credit, time served in Vietnam, and lost time will not be further addressed in this Record of Proceedings.  A copy of this DD Form 215 will be provided to the applicant.

6.  General Orders Number 1035, issued by Headquarters, II Field Force Vietnam on 22 March 1970 awarded the applicant the ARCOM for meritorious service during the period April 1969 – March 1970.

7.  A review of his official records shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with rifle bar and the Marksman Marksmanship Qualification Badge with pistol bar.

8.  Army Regulation 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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

9.  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 his unit (175th Radio Research Company) was cited for awards of the Meritorious Unit Commendation (MUC), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit.

10.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  


There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  Overseas Service Bars are not entered on the DD Form 214 because it is an item of uniform wear, not an award or decoration.  

12.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

13.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM, Sharpshooter Marksmanship Qualification Badge with rifle bar and the Marksman Marksmanship Qualification Badge with pistol bar and is entitled to have those awards added to his DD Form 214.

2.  He served in two campaigns in Vietnam and is entitled to wear two bronze service stars on his already awarded Vietnam Service Medal. 

3.  Additionally, his unit was awarded the MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit; therefore, he is entitled to have those awards added to his DD Form 214.

4.  The applicant’s contention that the Overseas Service Ribbon should be added to his DD Form 214 has been noted and found to lack merit.  The Overseas Service Ribbon was not an authorized award during the period he served and he does not meet the criteria for retroactive award of that ribbon.

5.  The applicant’s contention that his Overseas Service Bars should be added to his DD Form 214 has also been noted and found to lack merit as Overseas Service Bars are items of uniform wear and are not authorized for entry on the DD Form 214.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

* Deleting the award of the Vietnam Service Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with two bronze service stars, ARCOM, Sharpshooter Marksmanship Qualification Badge with rifle bar, Marksman Marksmanship Qualification Badge with pistol bar, MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board further determined that 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 adding the Oversea Service Ribbon and Overseas Service Bars to his DD Form 214.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   X_______   ___
               CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20130019473





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ABCMR Record of Proceedings (cont)                                         AR20130019473



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