IN THE CASE OF: BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005374 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: 19 December 2017 DOCKET NUMBER: AR20160005374 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 the Vietnam Service Medal from his DD Form 214; and b. adding to his DD Form 214: * Joint Service Commendation Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with one silver and one bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) ___________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 December 2017 DOCKET NUMBER: AR20160005374 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) to show award of the Republic of Vietnam Campaign Medal with Device (1960) and the Joint Service Commendation Medal. He further requests any additional awards he is authorized. 2. The applicant states he was awarded the medals; however, they were not annotated on his DD Form 214. 3. The applicant provides miscellaneous documents from his official military personnel file. 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 6 June 1966. 3. Special Orders Number 59, issued by Headquarters, Special Troops, U.S. Army Garrison, Fort Dix, New Jersey, on 24 March 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 4. General Orders Number 2085, issued by Headquarters, U.S. Military Assistance Command, Vietnam, on 10 July 1968, awarded him the Joint Service Commendation Medal. 5. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 7 July 1967 to 25 February 1969. Item 38 (Record of Assignments) shows he was assigned to Headquarters Command, United States Military Assistance Command, Vietnam, for the period 12 July 1967 to 25 February 1969. Item 41 (Awards and Decorations) shows he qualified as a sharpshooter with the M-16 rifle. 6. On 25 February 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 2 years, 8 months and 20 days of creditable active duty service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Army Good Conduct Medal REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following six campaigns: * Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January – 1 April 1968) * 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) b. 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 for 6 months during the period 1 March 1961 through 28 March 1973. Qualifying service outside the geographical limits of the Republic of Vietnam required that the individual contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months. 2. 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 Headquarters Command, United States Military Assistance Command, Vietnam, a unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 by Department of the Army General Order Number 8, dated 1974. DISCUSSION: 1. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). General orders awarded him the Joint Service Commendation Medal. These decorations are not recorded on his DD Form 214. 3. Evidence shows he served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960), which is not recorded on his DD Form 214. 4. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not recorded on his DD Form 214. 5. The record shows the applicant participated in six campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect a silver and bronze service star to indicate his campaign participation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005374 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005374 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2