IN THE CASE OF: BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20150013072 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: 8 September 2016 DOCKET NUMBER: AR20150013072 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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 January 1970 by: a. adding to item 24 the: * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Korea Defense Service Medal b. amending item 30 to add "SERVICE IN VIETNAM FROM 21 NOVEMBER 1968 TO 5 MAY 1969." __________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: 8 September 2016 DOCKET NUMBER: AR20150013072 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam and to show the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states these awards are missing due to an administrative error. 3. The applicant provides a Purple Heart Certificate, dated 23 December 1968, and a Bronze Star Medal Certificate, dated 22 May 1969. 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 25 June 1968. He entered active duty, completed his initial entry training, and was awarded military occupational specialty 71B (Clerk Typist). 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 21 November 1968 through on or about 5 May 1969. It also shows he served in the Republic of Korea from on or about 27 May 1969 through on or about 26 January 1970. 4. He was honorably released from active duty on 26 January 1970. His DD Form 214 shows he completed 1 year, 7 months, and 2 days of active service and 1 year, 4 months, and 13 days of foreign service in the U.S. Army Pacific (USARPAC) theater of operations. Additionally, it shows he was awarded or authorized the: * Bronze Star Medal * Purple Heart (2nd Award) * Good Conduct Medal * National Defense Service Medal * Armed Forces Expeditionary Medal (Korea) * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 5. His record indicates he is entitled to additional awards that are not shown on his DD Form 214. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting combat operations in Vietnam. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B, Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) shows that during his service in the Republic of Vietnam, he participated in the following two campaigns: * Vietnamese Counteroffensive, Phase VI (2 November 1968 – 22 February 1969) * Tet 69/Counteroffensive (23 February – 8 June 1969) c..The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 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 for service during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units for service during the period 20 July 1965 to 28 March 1973. 3. Army Regulation 635-5 (Separation Documents), the regulation in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Section III contained guidance on the preparation of the DD Form 214. It provided that: a. Item 22c (Statement of Service – Foreign and/or Sea Service) was used to show the total active service performed outside the continental limits of the U.S., for the period covered by the DD Form 214, and the last overseas theater service in which the service was performed (e.g., USARPAC (U.S. Army Pacific), USARV, etc.); and b. Item 30 (Remarks) was used for Department of the Army mandatory requirements when a separate block was not available and as a continuation entry; however, it did not mandate an entry to document service in the Republic of Vietnam, as was the case with future editions. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show his service in the Republic of Vietnam, and his authorization to the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960), was carefully considered. 2. The applicant served in the Republic of Vietnam from on or about 21 November 1968 through on or about 5 May 1969. This period is reflected in item 22c of his DD Form 214. 3. The governing regulation in effect at the time did not require a separate entry in item 30 for service in the Republic of Vietnam; however, as a matter of equity, it would be appropriate to amend item 30 of his DD Form 214 to add "SERVICE IN USARPAC (VIETNAM) FROM 21 NOVEMBER 1968 TO 5 MAY 1969." 4. Based on the applicant's period of service in the Republic of Vietnam, he is authorized the Vietnam Service Medal. Additionally, he participated in two campaigns during this period of service; however, his DD Form 214 does not show the Vietnam Service Medal or any corresponding bronze service stars. 5. The applicant served during a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960). However, this foreign service medal is not listed on his DD Form 214. 6. All units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. However, this unit award is not shown on his DD Form 214. 7. The applicant served in Korea from 27 May 1969 to 26 January 1970. This is a qualifying period for award of the Korea Defense Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013072 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013072 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2