IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170000119 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: 5 September 2018 DOCKET NUMBER: AR20170000119 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 amending item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 as follows: a.  removing the entry "Sharpshooter," and b.  adding the following: * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) ____________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: 5 September 2018 DOCKET NUMBER: AR20170000119 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). 2. The applicant states: a.  When he rotated from Southeast Asia to the United States the Vietnam Campaign Medal with Device (1960), along with the Vietnam Service Medal, was on his DD Form 214. b.  He hand carried his personnel folder to his next duty station, Fort Hood, TX. c.  When he processed out of the service, none of the medals were listed on his DD Form 214. He questioned why the medals were not listed and no one had an answer. He just wanted to be out of the service rather than wait to pursue the matter. 3. The applicant provides information on the Republic of Vietnam Campaign Medal with Device (1960). 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 21 August 1967. 3. Headquarters, U.S. Army Training Center, Special Orders Number 284, dated 11 October 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. He served in Thailand from 30 January 1968 to 25 January 1969. While in Thailand, he was assigned to the 55th Signal Company (Support). 5. Headquarters, 1st Armored Division, Special Orders Number 93, dated 9 April 1969, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber). 6. On 2 June 1970, he was honorably released from active duty. His DD Form 214 shows he completed 2 years, 9 months, and 12 days of net service and 11 months and 26 days of foreign service. He was awarded or authorized the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge 7. On 7 July 1971, he was issued a DD Form 215 (Correction to DD Form 214) which awarded him the Vietnam 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 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award. Direct support is defined as services being supplied to participating forces in the area of eligibility and includes: * units, ships, and aircraft providing it involves actually entering the designated area * ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility 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 2. Army Regulation 635-5 (Separation Documents) in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. The instructions stated that once a DD Form 214 has been issued, do not reissue except for the following reasons: a.  when directed by proper appellate authority, Executive Order, or by the Secretary of the Army; b.  when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; and c.  when two DD Forms 215 have been issued and an additional correction is required. DISCUSSION: 1. The applicant contends he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960); however, the medals were not listed on his DD Form 214. 2. His award of the Vietnam Service Medal was not listed on his DD Form 214 at the time of his separation on 2 June 1970. However, on 7 July 1971, he was issue a DD Form 215 which added his award of the Vietnam Service Medal. 3. He served in Thailand for a period of 11 months and 26 days and he was awarded the Vietnam Service Medal. His award of the Vietnam Service Medal shows he provided direct combat support to the Republic of Vietnam and Armed Forces. He met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960). 4. He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); however, his DD Form 214 does not indicate the specific qualifying weapon. 5. He was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber). This qualification badge is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000119 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000119 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2