BOARD DATE: 21 May 2015 DOCKET NUMBER: AR20140017570 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 DD Form 214 ((Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states that he served in Vietnam from 10 October 1967 to 7 October 1968 and qualifies for award of the Republic of Vietnam Campaign Medal with Device (1960). 3. The applicant provides copies of his DD Form 214, DA Form 20 (Enlisted Qualification Record), and an internet article explaining the criteria for award of the Republic of Vietnam Campaign Medal. 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 served honorably in the Army of the United States from 5 to 11 July 1966 until he was honorably discharged for immediate enlistment. He enlisted in the Regular Army on 12 July 1966 for a period of 3 years and training as an engineer equipment repairman. He completed basic training and was transferred to Fort Belvoir, Virginia for advanced individual training (AIT). 3. He completed AIT and was transferred to Vietnam on 10 October 1967 for assignment to the 590th Maintenance Company where he served in three campaigns and departed Vietnam on 7 October 1968 for assignment to Fort Knox, Kentucky. 4. On 11 July 1969, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 3 years and 7 days of total active service and the DD Form 214 he was issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal, Good Conduct Medal, and National Defense Service Medal. 5. 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. 6. Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B, will be worn on the appropriate service medal including the Vietnam Service Medal. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit. DISCUSSION AND CONCLUSIONS: 1. The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and it should be added to his DD Form 214. 2. The applicant served in three campaigns in Vietnam and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214. 3. Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit. Therefore, his DD Form 214 should be corrected to show this unit award. BOARD VOTE: __X______ ___X_____ ___X_ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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: * Deleting the Vietnam Service Medal from item 24 of his DD Form 214 * 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 to item 24 of his DD Form 214 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20140017570 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140017570 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1