IN THE CASE OF: BOARD DATE: 20 December 2016 DOCKET NUMBER: AR20150015604 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 20 December 2016 DOCKET NUMBER: AR20150015604 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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: 20 December 2016 DOCKET NUMBER: AR20150015604 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 participation in the Tet campaigns in Vietnam. He also requests a personal hearing. 2. The applicant states he served in Vietnam from 1968 to 1969 with the 69th Signal Battalion. He participated in the Tet Offensive. Others he served with were recognized as having served in the Tet Offensive. 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 14 July 1967 and he held a communications military occupational specialty. 3. He served in Vietnam with Company A, 69th Signal Battalion, from on or about 23 June 1968 to 19 June 1969, through 5 campaigns: * Vietnam Counteroffensive Phase IV, 2 April-30 June 1968 * Vietnam Counteroffensive Phase V, 1 July-1 November 1968 * Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969 * Tet 69 Counteroffensive, 23 February-8 June 1969 * Vietnam Summer - Fall 1969, 9 June-31 October 1969 4. He was honorably released from active duty on 22 June 1969. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal 5. On 5 April 2012, the U.S. Army Human Resources Command issued him a DD Form 215 (Correction to DD Form 214) that deleted the Vietnam Service Medal and added the: * Vietnam Service Medal with a silver service star * Army Good Conduct Medal * Meritorious Unit Commendation (1st Oak Leaf Cluster) * Expert Marksmanship Qualification Badge with Automatic Rifle Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states 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. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 2. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. 2. The applicant served in Vietnam from on or about 23 June 1968 to 19 June 1969, through 5 campaigns, including the Tet 69 Counteroffensive. Campaigns are not listed on the DD Form 214. A bronze service star is awarded for wear on the Vietnam Service Medal to designate participation in each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 3. The applicant has already been issued a DD Form 215 that credited him with a silver service star with his already-awarded Vietnam Service Medal to designate his participation in five campaigns in Vietnam. The applicant will be provided a copy of this DD Form 215 by separate correspondence. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015604 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015604 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2