IN THE CASE OF: BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150015115 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150015115 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: a. adding the entry "USARPAC" to item 22c; b. adding the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24; and c. adding the entry "Vietnam Service: 19 May 1969 - 20 August 1969" to item 30. 2. The Board further determined 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 correction of his DD Form 214 to show award of the Republic of Vietnam Campaign Medal with Device (1960). __________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: 19 January 2017 DOCKET NUMBER: AR20150015115 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Vietnam and to show the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states his DD Form 214 should be corrected to show "boots on the ground" in-country in Vietnam. He also states that the Republic of Vietnam Campaign Medal with Device (1960) is not listed on his DD Form 214. 3. The applicant provides 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 of the United States on 23 January 1968. 3. His DA Form 20 (Enlisted Qualification Record) contains the following entries: a. Item 31 (Foreign Service) shows he served in the U.S. Army Pacific (USARPAC) – Vietnam from 19 May to 20 August 1969 (3 months) and USARPAC – Hawaii from 21 August to 4 September 1969 (14 days). b. Item 38 (Record of Assignments) shows he was assigned to the 709th Maintenance Battalion, 9th Infantry Division during his assignment in Vietnam. c. Item 41 (Awards and Decorations) – no entry indicating he was authorized the Republic of Vietnam Campaign Medal with Device (1960). 4. The Army released him from active duty on 8 September 1969. The DD Form 214 issued for this period of service shows he completed 3 months and 29 days of foreign service in item 22c (Foreign Service). Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, and Bronze Star Medal. His DD Form 214 does not list the last overseas theater in which he performed his overseas service. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) in effect at the time established the standardized policy for preparing and distributing the DD Form 214. It stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided 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 that the total active duty outside the continental United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed would be entered in item 22c. This regulation did not provide instructions to record Vietnam service in item 30. Later versions did require an entry for Vietnam service. 2. Army Regulation 600-8-22 (Military Awards) 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. 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. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty 3. Army Regulation 600-8-22, paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the Tet 69/Counteroffensive and Vietnam Summer – Fall 1969 campaigns. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 709th Maintenance Battalion, was cited for award of the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January to June 1969 by Department of the Army General Order Number 59, dated 1969. b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969. DISCUSSION: 1. The applicant's DA Form 20 indicates he completed overseas service in USARPAC – Republic of Vietnam from 19 May to 20 August 1969. 2. The applicant's DD Form 214 reflects he was credited with 3 months and 19 days of foreign service. 3. 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 19 May 1969 to 20 August 1969 to his DD Form 214. Additionally, item 22c of his DD Form 214 may be amended to reflect the last oversea theater as USARPAC. 4. The applicant did not serve the required 6 months of qualifying service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960). Although he was awarded the Vietnam Service Medal and served less than 6 months, his service record does not indicate he was wounded as a result of hostile action or captured by hostile forces. 5. The applicant served a period of qualifying service for the Vietnam Service Medal with two bronze service stars. Additionally, his unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015115 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015115 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2