IN THE CASE OF: BOARD DATE: 29 October 2015 DOCKET NUMBER: AR20150004136 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 that his National Defense Service Medal (NDSM) and his participation in the Tet 69 Counter Offensive Campaign which are currently shown on his earlier DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) be listed on his DD Form 215 (Correction of DD Form 214), dated 5 April 1996. 2. The applicant states, in effect, that his DD Form 215 does not include the awards listed on his 3 previously-issued DD Forms 214. 3. The applicant provides 3 DD Forms 214 and a DD Form 215. 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. He was inducted into the Army of the United States on 9 July 1968. 3. He was issued a DD Form 214 for the following periods of active service: * 9 July to 15 July 1968 (Trainee) * 16 July 1968 to 21 April 1970 * 22 April 1970 to 1 July 1971 4. His DD Form 214 for the period 16 July 1968 to 21 April 1970 shows his authorized awards as the: * NDSM * Vietnam Service Medal * RVN Campaign Medal with Device “1960” * “TET 69 Counter Offensive” (campaign) 5. His DD Form 214 for the period ending 1 July 1971 shows he served in the Republic of Vietnam (RVN) from 14 January to 1 July 1971 and he was authorized or awarded the: * NDSM * Vietnam Service Medal 6. On 5 April 1996, the Commander, Army Reserve Center, issued the applicant a DD Form 215 which corrected his DD Form 214, effective 1 July 1971, by deleting the Vietnam Serve Medal and adding: * Vietnam Service Medal with 2 bronze service stars * RVN Campaign Medal with Device “1960” * Drivers and Mechanic Badge with Driver “W” Bar * Expert Marksmanship Qualification Badge with M16 Rifle Bar * RVN Gallantry Cross with Palm Unit Citation * Army Good Conduct Medal 7. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) * Consolidation I (1 July 1971 to 30 November 1971) 8. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. It stated that for Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to enter all decorations, etc. awarded or authorized during the period of service covered by the DD Form 214. It further states that when the original DD Form 214 cannot be properly corrected a DD Form 215 will be issued. DISCUSSION AND CONCLUSIONS: 1. His DD Form 215, issued on 5 April 1996, added new awards which he was authorized but were not listed on his previous DD Forms 214. His NDSM is listed on a previous DD Form 214 which is why it was not added to his DD Form 215. 2. Individual participation in an approved campaign is denoted by bronze service stars affixed to the appropriate service medal. His DD Form 215 lists the Vietnam Service Medal with two bronze service stars, which are for his participation in the Vietnam Counteroffensive Phase VII and Consolidation I campaigns for his Vietnam service between 14 January and 1 July 1971. 3. There is no regulatory provision to list specific campaigns on the DD Form 214 even though his DD Form 214 for the period ending 21 April 1970 erroneously lists the Tet 69 Counter Offensive campaign. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20150004136 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004136 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1