IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012119 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: 30 August 2016 DOCKET NUMBER: AR20150012119 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, dated 17 July 1969, to show the following awards: * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * three bronze service stars to be affixed to his already-awarded Vietnam Service Medal * Expert Marksmanship Qualification Badge with Pistol Bar _____________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: 30 August 2016 DOCKET NUMBER: AR20150012119 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), dated 17 July 1969, to show he is authorized the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states he never knew the award was not listed on his DD Form 214. 3. The applicant provides a copy of his DD Form 214. 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 on 18 August 1966. He completed training as a field artillery operator and intelligence assistant. 3. He was honorably discharged on 17 July 1967 to accept an appointment as a Reserve commissioned officer, in the rank of second lieutenant (O-1). His DD Form 214 shows the following awards: * National Defense Service Medal * Good Conduct Medal (First Award) * Sharpshooter Marksmanship Qualification Badge with Rifle bar 4. The applicant accepted an appointment in the Army of the United States in the rank of second lieutenant (O-1) on 18 July 1967. 5. A DA Form 66 (Officer Qualification Record) shows the applicant qualified as expert with the .45 caliber pistol on 3 August 1967. 6. He arrived in Vietnam on 13 September 1968. He was assigned to C Battery, 3rd Battalion, 82nd Artillery, 196th Infantry Brigade. He participated in three campaigns. 7. He departed Vietnam en-route to the United States on 27 May 1969. He was honorably released from active duty on 17 July 1969 and he was transferred to the United States Army Reserve Control Group (Reinforcement). His DD Form 214 shows the following awards: * National Defense Service Medal * Good Conduct Medal (First Award) * Vietnam Service Medal REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. b. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. 2. 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 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant requests correction of his DD Form 214, dated 17 July 1969, to show he is authorized the Republic of Vietnam Campaign Medal with Device (1960). 2. His records show that he served in Vietnam from 13 September 1968 through 27 May 1969. This service met the criteria for the Republic of Vietnam Campaign Medal. 3. His records show that he is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 4. Records show the applicant qualified as an expert marksman with the pistol on 3 August 1967. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012119 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012119 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2