IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150007125 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 the: * Vietnam Service Medal with two bronze service stars * National Defense Service Medal * Republic of Vietnam Campaign Medal * Meritorious Unit Commendation 2. The applicant states his DD Form 214 does not accurately reflect all his awards and he believes he is eligible for the awards listed above. 3. The applicant provides: * his DD Form 214 * DA Form 20 (Enlisted Qualification Record) * DD Form 47 (Record of Induction) * 28 pages of various documents from his Military Personnel Records Jacket * seven pages titled U.S. Army Campaigns - Vietnam * two pages titled Lineage and Honors Information - 510th Engineer Company * one page titled Republic of Vietnam Campaign Medal * two pages titled National Defense Service 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 was inducted into the Army of the United States on 12 March 1964. He served in Vietnam from 16 July 1965 to 9 March 1966 (7 months and 22 days) while assigned to the 510th Engineer Detachment (later renamed 510th Engineer Company). 3. He was honorably released from active duty on 9 March 1966 and he was transferred to the U.S. Army Reserve. 4. The DD Form 214 he was issued shows he was awarded or authorized the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 5. Army Regulation 600-8-22 (Military Awards) states: a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. b. 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. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. A review of the applicant’s record shows he participated in two campaigns during his service in Vietnam. c. 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. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows the 510th Engineer Company was cited for award of the Meritorious Unit Commendation for the period 1 September 1966 through 1 April 1967 by DA General Order (DAGO) Number 17, dated 1968. 7. DA Pamphlet 672-3, paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant served during a qualifying period for eligibility for award of the National Defense Service Medal. He served in Vietnam during a qualifying period for eligibility for award of the Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal. None of these awards are shown on his DD Form 214. 2. With respect to the Meritorious Unit Commendation, the record shows the applicant was not assigned to the 510th Engineer Company during the period the unit was cited for this award and he does not meet the criteria for eligibility for this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by: * deleting the Vietnam Service Medal * adding the: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Meritorious Unit Commendation. ___________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) AR20150007125 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007125 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1