IN THE CASE OF: BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20160000123 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: 2 May 2017 DOCKET NUMBER: AR20160000123 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: a. deleting from his DD Form 214 the Vietnam Service Medal and b. adding to his DD Form 214 – * National Defense Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with one bronze service star * Marksman Marksmanship Qualification Badge with Carbine Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) ___________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: 2 May 2017 DOCKET NUMBER: AR20160000123 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 all authorized awards for his service in the Republic of Vietnam. 2. He states he served in the Republic of Vietnam in 1965 and was awarded the Vietnam Service Medal. He adds he was discharged prior to the establishment of two additional medals. 3. He provides his DD Form 214 and DA Form 20 (Enlisted Qualification Record). 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 11 February 1963. 3. His DA Form 20 shows he served in the Republic of Vietnam from 5 August 1965 to 17 November 1965 and he was assigned to the 26th Military Police Detachment. Additionally, it shows in item 41 (Awards and Decorations) the Marksman Marksmanship Qualification Badge with Carbine and Rifle Bars (M-1). 4. He was honorably released from active duty on 10 February 1966. His DD Form 214 shows he completed 3 years of active duty service. His authorized awarded included: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Pistol Bar (.45) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. b. Appendix B states a bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. His records indicate he participated in the Vietnam Defense Campaign (8 March – 24 December 1965). 2. Army Regulation 635-5 (Separation Documents), in effect at the time, stated that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states to enter all authorized awards, decorations and service ribbons. The documents used to prepare the DD Form 214 included the Enlisted Qualification Record and orders. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, U.S. Army Vietnam by Department of the Army General Orders Number 8, dated 1974. DISCUSSION: 1. The evidence of record shows the applicant honorably served during a qualifying period for award of the National Defense Service Medal. 2. His DD Form 214 reflects award of the Vietnam Service Medal; however, it does not include a bronze service star to denote his participation in the Vietnam Defense Campaign. 3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, U.S. Army Vietnam. 4. His DA Form 20 lists the Marksman Marksmanship Qualification Badge with Carbine and Rifle Bars (M-1). His DD Form 214 does not reflect these weapon qualification badges. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000123 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000123 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2