BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160000791 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160000791 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: * deleting the Vietnam Service Medal for his DD Form 214 * adding the following awards to his DD Form 214 * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal Citation First Class Unit Citation * adding to item 30 of his DD Form 214 the entry "Vietnam Service – 30 Apr 70 to 26 Apr 71" ____________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. BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160000791 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 United States Report of Transfer or Discharge) to show his foreign service in the Republic of Vietnam (RVN) and award of the RVN Campaign Medal. 2. He states that his foreign service and campaign medal were overlooked. 3. He provides his Department of Veterans Affairs (VA) Rating Decision, dated 26 March 2009. 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. Having prior enlisted service in the Regular Army, the applicant was appointed as a Reserve warrant officer on 6 October 1969 and immediately entered active duty. 3. His DA Form 66 (Officer Qualification Record) shows in: a. item 17 (Foreign Service), he served in the RVN from 30 April 1970 through 26 April 1971. b. item 18 (Record of Assignments), while in the RVN he was assigned to Headquarters and Headquarters Company (HHC), 199th Infantry Brigade (3 May to 28 September 1970) and Troop B, 3rd Squadron, 17th Cavalry (29 September 1970 to 26 April 1971). 4. On 27 August 1972, he was honorably released from active duty after completing a total of 3 years, 9 months, and 27 days of active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Bronze Star Medal with Oak Leaf Cluster * Air Medal with "V" Device * Vietnam Service Medal * Army Aviator Badge REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. the RVN Campaign Medal with Device (1960) is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973. b. a bronze service star is authorized for wear on the Vietnam Service Medal. for each Vietnam campaign a member is credited with participating in. Appendix B shows that the following three campaigns took place during his period of service in the RVN: * Vietnam Winter - Spring 1970 * DA Sanctuary Counteroffensive * Vietnam Counteroffensive, Phase VII 2. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists unit awards. This pamphlet shows HHC, 199th Infantry was cited by Department of the Army General Orders (DAGO) Number 51, dated 1971, for award of the: a. RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970; and b. RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, stated, item 30 (Remarks) will be used to complete entries too long for their respective blocks. This regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block. DISCUSSION: 1. His service in the RVN from 30 April 1970 to 26 April 1971 is a qualifying period for award of the RVN Campaign Medal with Device (1960). Further, regulatory guidance, in effect at the time, stated to enter the inclusive dates of service in Vietnam in item 30 of the DD Form 214. 2. General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation. 3. He was previously awarded the Vietnam Service Medal and records show he participated in three campaigns while serving in Vietnam. Therefore, he is authorized award of three bronze service stars for wear on his Vietnam Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000791 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000791 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2