IN THE CASE OF: BOARD DATE: 11 May 2023 DOCKET NUMBER: AR20220010774 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal with 1 silver service star. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 5 July 2022 * self-authored statement, 5 August 2022 * Special Order Number 219 (Headquarters, U.S. Army Garrison, Arlington Hall Station), 7 December 1967 * DD Form 214, 15 June 1970 * Vietnam campaigns and dates (www.amervets.com), undated * List of Vietnam approved campaign phases, undated FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, he served 10 months and 24 days in Vietnam in 1968. His DD Form 214 is incorrect and should reflect service for the following Vietnam campaigns: * Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968 * Tet Counteroffensive, 30 January 1968—1 April 1968 * Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968 * Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968 * Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969 3. A review of the applicant's record and Army regulations shows the applicant is authorized additional awards not currently listed on his DD Form 214. These awards will be addressed through an administrative correction without action by the Board. 4. The applicant enlisted in the regular Army on 12 September 1966. 5. Special Order Number 219, Headquarters, U.S. Army Garrison, Arlington Hall Station, dated 7 December 1967, shows he was ordered to report no later than 5 January 1968 to U.S. Army Overseas Replacement Station, Oakland Army Base, Oakland, California. 6. The applicant's DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) shows service in the Republic of Vietnam from 7 January 1968 to 25 October 1968 (9 months and 19 days). b. Item 38 (Record of Assignments) shows he was assigned to the following units/locations: (1) Headquarters and Service Company, United States Army Pacific Command (USARPAC), Vietnam (9 January 1968 to 12 May 1968) (2) Company B, Radio Research Field Station (RRFS), USARPAC (13 May 1968 to (does not show the date he left the unit/Vietnam in a casual status to return to the continental United States) c. Item 39 (Campaigns) shows he participated in four Vietnam Campaigns: * Vietnam Counteroffensive, Phase III, * Tet Counteroffensive * Vietnam Counteroffensive, Phase IV * Vietnam Counteroffensive, Phase V 7. The applicant was honorably released from active duty on 15 June 1970. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic Vietnam Service Medal with device (1960) * Good Conduct Medal 8. He provides two lists of approved Vietnam campaigns and dates. On each list, he pens a line next to the following campaigns: * Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968 * Tet Counteroffensive, 30 January 1968—1 April 1968 * Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968 * Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968 * Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969 9. Regulatory guidance states, service stars are worn on campaign and service medals to denote participation in a named campaign and on the service ribbons to denote an additional award. A silver service star is worn instead of five bronze service stars. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found insufficient evidence indicating the applicant was still in Vietnam during the period of the Vietnam Counteroffensive, Phase VI, 2 November 1968— 22 February 1969. In the absence of evidence showing he was present for duty during this period, the Board determined the applicant is not authorized a silver service star for wear with his Vietnam Service Medal. 3. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: Other than the corrections addressed in Administrative Note(s) below, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are otherwise insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): add the following awards to his DD Form 214: * Four bronze service stars with the Vietnam Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 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 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. 2. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 6-8 states, service stars are worn on campaign and service medals to denote participation in a named campaign and on the service ribbons to denote an additional award. A service star is a bronze or silver five-pointed star 3/16-inch in diameter. A silver service star is worn instead of five bronze service stars. b. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows: a. The 8th Radio Research Field Station, USARPAC was cited for award of the Meritorious Unit Commendation for the period 1 October 1967 to 31 December 1969 by Department of the Army General Orders (DAGO) Number 14, dated 1979. b. DAGO 8, 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation for service in Vietnam to the following units: (1) Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973. (2) Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010774 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1