IN THE CASE OF: BOARD DATE: 27 July 2011 DOCKET NUMBER: AR20110001338 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 any campaign ribbons for his duty in Vietnam. 2. He states he served one year of military duty in Vietnam beginning in September 1971. 3. He provides his DD Form 214, DD Form 1351-2 (Travel Voucher or Subvoucher), and Leave and Earnings Statement. 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's complete military records are not available to the Board. However, there are sufficient documents in his service record for the Board to conduct a fair and impartial review of this case. 3. His DD Form 214 shows he enlisted in the Regular Army on 25 March 1971. 4. He provided his Travel Voucher or Subvoucher, dated 10 September 1971, which shows he arrived in the Republic of Vietnam on 5 September 1971 and arrived in Da Nang, Vietnam on 7 September 1971. 5. He also provided his Leave and Earnings Statement for the period 1 to 31 October 1972, which shows he received foreign duty pay and hostile fire pay in August 1972. 6. He was released from active duty on 29 March 1974 on temporary records. His DD Form 214 shows award of the National Defense Service Medal and no foreign service. 7. References: a. 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. b. 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. This regulation states that 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 Consolidation I, Consolidation II, and Vietnam Ceasefire campaigns. c. Army Regulation 600-8-22 states 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. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he served one year of military duty in Vietnam beginning in September 1971 is acknowledged and determined to have merit. 2. His Travel Voucher or Subvoucher shows he arrived in Vietnam on 5 September 1971 and his Leave and Earnings Statement shows he received foreign duty pay and hostile fire pay in August 1972. However, his service record is void of evidence showing the specific date of his departure from Vietnam. 3. His service record doesn’t contain sufficient evidence which indicates he remained in Vietnam from 5 September 1971 through August 1972 continuously. However, any reasonable doubt that he served in Vietnam during this period should be resolved in his favor. 4. Therefore, he is eligible for award of the Vietnam Service Medal with three bronze service stars and Republic of Vietnam Campaign Medal with Device (1960). In addition, the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. He served in Vietnam during a qualifying period and is eligible for this award. Therefore, these awards should be added to his DD Form 214. BOARD VOTE: __X_____ __X____ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 amending item 24 of his DD Form 214 by adding the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation. ___________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) AR20110001338 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110001338 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1