BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160013773 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 BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160013773 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 for the period ending 9 December 1966 and b. adding to this DD Form 214: * 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 _______________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. BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160013773 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) for the period ending 9 December 1966 to show award of the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states he served in Vietnam in 1966. 3. The applicant provides no additional evidence. 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 25 July 1962 for a period of 3 years. On 11 December 1963, he was honorably discharged for immediate reenlistment. 3. He reenlisted on 12 December 1963 for a period of 3 years. He departed the continental United States en route to Vietnam on 1 May 1965. 4. His DA Form 20 (Enlisted Qualification Record) shows: * he was assigned to Headquarters and Headquarters Detachment (HHD), 14th Aviation Battalion, from 7 May 1965 to 31 May 1965 * he was assigned to the 7th Aviation Platoon, from 1 June 1965 to 31 January 1966 * he was assigned to HHD, 14th Aviation Battalion, from 1 February 1966 to 19 April 1966 5. He participated in two campaigns during his assignment in Vietnam. 6. He departed Vietnam en route to the continental United States on or about 22 April 1966. 7. On 9 December 1966, he was honorably released from active duty. His DD Form 214 for the period ending 9 December 1966 shows he was awarded or authorized the: * Army Good Conduct Medal * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * National Defense Service 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 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. A bronze service star is authorized with the Vietnam Service Medal for each credited campaign. 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 HHD, 14th Aviation Battalion, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 to 26 March 1967 by Department of the Army General Orders Number 22, dated 1968. DISCUSSION: 1. The applicant's DA Form 20 shows he served in Vietnam from 7 May 1965 to 19 April 1966. Based on his service in Vietnam, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 for the period ending 9 December 1966 does not show this medal. 2. He participated in two campaigns during his service in Vietnam and is authorized two bronze service stars for wear with his the Vietnam Service Medal. These service stars are not shown on his DD Form 214 for the period ending 9 December 1966. 3. His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period in which he was assigned. His DD Form 214 for the period ending 9 December 1966 does not show this unit award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013773 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013773 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2