IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170001952 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: 5 September 2018 DOCKET NUMBER: AR20170001952 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: a. deleting from the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), at item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the Vietnam Service Medal; and, b. adding to the DD Form 214, at item 26, the following awards: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 award of 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: 5 September 2018 DOCKET NUMBER: AR20170001952 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 award of the Republic of Vietnam Campaign Medal with Device (1960) and any other awards or decorations he may be authorized. 2. The applicant states he rates this decoration. 3. The applicant provides no supporting documents. 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 served on active duty from 28 February 1964 through 22 February 1966 in the military occupational specialty 36A (Wireman). 3. A DA Form 24 (Service Record) shows: * advancement to specialist 4 * service in Vietnam from 25 September 1965 through 21 February 1966 – during two campaigns * service in Vietnam with Battery A, 1st Battalion, 5th Artillery Regiment * conduct and efficiency ratings of excellent * award of the: * Marksman Qualification Badge with Rifle Bar * Vietnam Service Medal * Army Good Conduct Medal 4. The applicant's DD Form 214 lists his awards as the: * Marksman Qualification Badge with Rifle Bar * Vietnam Service Medal * Army Good Conduct Medal 5. Department of the Army Pamphlet 672-3 (Decorations, Awards, and Honors, Unit Citation, and Campaign Participation Credit Register) shows that during thhe period the applicant served in Vietnam with A Battery, 1st Battalion, 5th Artillery Regiment, it was authorized the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for any awards or decorations. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) 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. 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. c. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. d. 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. DISCUSSION: 1. The applicant served in Vietnam for only 4 months and does not meet the time requirement of 6 months service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant served during a period for which he is authorized award of the National Defense Service Medal. 3. The applicant's service in Vietnam covered two campaign periods and he is authorized to wear two bronze service stars on his Vietnam Service Medal. His DD Form 214 does not reflect these appurtenances. 4. During the period the applicant served with A Battery, 1st Battalion, 5th Artillery Regiment it was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These decorations are not included 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) AR20170001952 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001952 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2