IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150005073 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal (VSM). 2. The applicant states he served in Vietnam from July 1968 to July 1969 but his DD Form 214 does not show his presence there. 3. The applicant provides: * Army Commendation Medal Certificate * DD Form 214 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 was inducted into the Army of the United States on 19 February 1968. He trained as a heavy vehicle driver. 3. His DA Form 20 (Enlisted Qualification Record) shows: * he served in Vietnam from 14 July 1968 to 13 July 1969 * he was assigned to the 538th Transportation Company on 17 July 1968 (1 day) * he was assigned to the 47th Transportation Company from 18 July 1968 to 10 July 1969 4. Records show he participated in four campaigns during his assignment in Vietnam. 5. On 18 February 1970, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the: * Army Good Conduct Medal * Army Commendation Medal * two letters of commendation * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 6. His DD Form 214 also shows: * in item 22c (Foreign and/or Sea Service), his foreign service as 1 year under the command of U.S. Army Pacific * in item 30 (Remarks), no service in Vietnam 7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The VSM 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. The regulation states a bronze service star is worn on the VSM for each credited campaign. b. 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. 8. 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: a. the 538th Transportation Company was awarded the Meritorious Unit Commendation (MUC) for actions during the period 6 June 1966 to 31 August 1968 by Department of the Army General Orders (DAGO) Number 28, dated 1969; and b. the 47th Transportation Company was awarded the MUC for actions during the period 1 September 1968 to 28 February 1970 by DAGO Number 24, dated 1972. 9. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 10. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. This instructions stated the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. Later versions of this regulation required an entry in the remarks block listing the inclusive dates of service in Vietnam performed on or after 5 August 1964. DISCUSSION AND CONCLUSIONS: 1. Based on the applicant's service in Vietnam and participation in four campaigns, he is authorized award of the VSM with four bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 does not show these medals. 2. As a related issue, his DA Form 20 shows he served in Vietnam from 14 July 1968 to 13 July 1969 and this is accepted as sufficient evidence with which to add the entry "Vietnam Service: 14 July 1968 to 13 July 1969" to item 30 of his DD Form 214. 3. His units in Vietnam (538th Transportation Company and 47th Transportation Company) were each awarded the MUC. His DD Form 214 does not show these unit awards. 4. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period. BOARD VOTE: ___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 by: a. adding the following awards to his DD Form 214: * VSM with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * MUC (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation b. adding the entry "Vietnam Service: 14 July 1968 to 13 July 1969" to item 30 of his DD Form 214. _______ _ 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) AR20150005073 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005073 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1