IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150009998 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 IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150009998 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 amending his DD Form 214 by: a. adding to item 22c the entry "USARPAC". b. adding to item 24 the Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation. c. adding to item 30 the entry "Vietnam – 26 April 1968 to 18 April 1969, Indochina – Yes, Korea – No". __________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. IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150009998 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 (VSM), the Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), and his service in Vietnam. 2. The applicant states his DD Form 214 does not list the VSM and the RVNCM even though he received these medals. Additionally, he served for 1 year in Vietnam but his record does not clearly show service in Vietnam. 3. The applicant provides no additional documents. 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 enlisted in the Regular Army on 26 July 1966. 3. His DA Form 20 (Enlisted Qualification Record) contains the following entries: a. item 38 (Record of Assignments) shows he served with Company A, 52nd Signal Battalion in Vietnam from 3 May 1968 to 18 April 1969. b. item 41 (Awards and Decorations) lists the National Defense Service Medal, VSM, RVNCM with Device (1960), overseas service bars, Army Good Conduct Medal (1st Award), and Marksman Marksmanship Badge with Rifle Bar. 4. He was released from active duty on 20 April 1969. His DD Form 214 reflects award of the National Defense Service Medal and Army Good Conduct Medal (1st Award). Item 22 (Foreign and/or Sea Service) of this document shows he completed 2 years, 2 months, and 29 days of foreign service. His DD Form 214 does not list the last overseas theater in which he performed his overseas service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the VSM 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. A bronze service star will be awarded for wear on the VSM for participation in each campaign. Appendix B shows that during the applicant's service in Vietnam, he participated in the following four campaigns: * Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968) * Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69 Counteroffensive campaigns (23 February 1969 - 8 June 1969) 2. Army Regulation 600-8-22 states the RVNCM 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. 3. Headquarters, U.S. Military Assistance Command and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973, by Department of the Army General Orders Number 8, dated 1974. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The version in effect at the time directed: a. the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/ or Sea Service (USAREUR)" will be entered in item 22c (Foreign and or Sea Service) of the DD Form 214. b. All decorations, service medals, campaign credits, and badges awarded or authorized in the individual's DA Form 20, omitting authorities cited therein, will be entered in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214. 5. Army Regulation 635-5, dated 1 May 1972, directed that for Indochina and Korea service on or after 5 August 1964, enter the inclusive dates of service for Vietnam and indicate "yes" or "no" in item 30 (Remarks) for the Indochina and Korea service. Where the records reflect assignment to an organization in Vietnam, show "yes" for Indochina. Sample entries are as follows: to show service in Vietnam only – "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No." DISCUSSION: 1. The applicant's DA Form 20 shows he served in Vietnam from 26 April 1968 to 25 April 1969 while assigned to Company A, 52nd Signal Battalion. 2. The applicant served a period of qualifying service for the VSM with four bronze service stars and the RVNCM with Device (1960); however, his DD Form 214 does not reflect these awards. 3. General orders awarded his units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period of his assignment; however, his DD Form 214 does not reflect this award. 4. Although the governing regulation in effect at the time did not provide instructions to record Vietnam service in item 30 of the DD Form 214, there is no harm in adding his service in Vietnam from 26 April 1968 to 18 April 1969 to his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009998 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009998 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2