IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150008156 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 reflect his service in Vietnam and award of the Vietnam Service Medal. 2. The applicant states: * his DD Form 214 does not reflect his year of service in Vietnam from 1968 through 1969 * he did not receive the Vietnam Service Medal * he has type II diabetes and he must prove he was in Vietnam in order to receive disability compensation or his application will likely be rejected 3. The applicant provides no additional evidence. 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 9 November 1967. 3. His DA Form 20 (Enlisted Qualification Record) shows he served with the 91st Finance Section and the U.S. Army Central Finance and Accounting Office, U.S. Army Pacific (USARPAC), in Vietnam from 24 August 1968 through 15 August 1969. He participated in four campaigns during this period. 4. His DA Form 20 also shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, Army Good Conduct Medal (1st Award), and Army Commendation Medal. 5. He was honorably released from active duty on 17 August 1969 as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 9 months, and 9 days of total active service during this period. 6. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 11 months and 28 days of foreign and/or sea service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show the Vietnam Service Medal or Republic of Vietnam Campaign Medal with Device (1960) as authorized awards and item 30 (Remarks) does not show any Vietnam service. 7. Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. It states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It states Department of the Army General Orders 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. 9. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. The instructions stated to enter 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 in item 22c. The inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block. DISCUSSION AND CONCLUSIONS: 1. The applicant’s request for correction of his DD Form 214 to reflect his service in Vietnam and award of the Vietnam Service Medal was carefully considered. 2. The evidence of record shows the applicant served in Vietnam from 24 August 1968 through 15 August 1969. This service should be annotated in the remarks block of his DD Form 214. 3. His DA Form 20 shows he was awarded the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal, although they are not reflected on his DD Form 214. His records show he participated in four campaigns and is authorized four bronze service stars with the Vietnam Service Medal. 4. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. He is authorized this unit award. 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: * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation b. adding the following remark to his DD Form 214: "VIETNAM SERVICE: 24 AUGUST 1968-15 AUGUST 1969." _______ _ 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) AR20150008156 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008156 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1