IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160015747 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: 13 June 2018 DOCKET NUMBER: AR20160015747 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 adding the National Defense Service Medal to his DD Form 214. 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 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: 13 June 2018 DOCKET NUMBER: AR20160015747 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) by adding the National Defense Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states these two awards are not listed on his DD Form 214. 3. The applicant provides his DD Form 214, Honorable Discharge Certificate, and Orders TC 411. 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's military personnel record is not available for review. The National Personnel Records Center, part of the National Archives, could not locate the applicant's official military personnel record. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. The applicant provided his DD Form 214 which is the source document used in these proceedings. 3. On 11 March 1963 the applicant enlisted in the Regular Army. 4. On 24 January 1966 the application was honorably released from active duty and transferred to the U.S. Army Reserve to complete his military statutory service obligation. He completed 2 years, 10 months, and 14 days of net active service. He was issued a DD Form 214 upon his discharge showing: a. he received the following awards – * Vietnam Service Medal * Army Good Conduct Medal (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar b. item 24 (Statement of Service – Foreign and/or Sea Service) shows 3 months and 22 days of foreign service in United States Army – Pacific. c. he did not receive wounds as a result of hostile action. d. item 32 (Remarks) does not list his specific dates of service in the Republic of Vietnam. 5. The applicant provided his Honorable Discharge Certificate and letter orders showing in paragraph TC 411 he was honorably discharged from the U.S. Army Reserve on 21 February 1968. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides the following policy guidance concerning awards, decorations and service medals. 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. 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 six 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 DISCUSSION: 1. The applicant served a qualifying period of active federal service for the National Defense Service Medal. 2. The regulatory guidance for the Republic of Vietnam Campaign Medal with Device (1960) states a service member must serve 6 months of qualifying service in the Republic of Vietnam. The record shows he spent 3 months and 14 days in the United States Army – Pacific and he received the Vietnam Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015747 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015747 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2