IN THE CASE OF: BOARD DATE: 23 February 2010 DOCKET NUMBER: AR20090016611 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 Vietnam Service Medal. 2. The applicant states he served in Vietnam from June to October 1971. 3. The applicant provides a copy of his DD Form 214 in support of his application. 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 27 August 1970 and was discharged on 26 April 1971 for the purpose of immediate reenlistment. His DD Form 214 for the period ending 26 April 1971 shows the National Defense Service Medal as an authorized award. 3. The applicant reenlisted in the Regular Army on 27 April 1971. 4. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam on 21 July 1971 with the 597th Transportation Company. 5. The applicant departed Vietnam on or about 6 October 1971 and he was credited with participation in the Consolidation I (1 July - 30 November 1971) campaign. 6. The applicant was discharged on 13 June 1972 under the provisions of Army Regulation 635-200, for the good of the service – in lieu of trial by court-martial. At the time of his discharge, he had completed a total of 1 year and 3 months of active military service. 7. His DD Form 214 for the period ending 13 June 1972 does not show any authorized awards. 8. Headquarters, Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 9. Army Regulation 600-8-22 (Military Awards) states 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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant served in Vietnam from 21 July 1971 to on or about 6 October 1971. Therefore, he served a period of qualifying service for award of the Vietnam Service Medal with one bronze service star and correction of his records to show this award. 2. All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, DAGO Number 8, dated 1974. The applicant served in Vietnam during a qualifying period. Therefore, he is entitled to correction of his DD Form 214 to show this unit award. BOARD VOTE: ____x____ ____x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 his DD Form 214 for the period ending 13 June 1972 to show award of the Vietnam Service Medal with one bronze service star and the 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. ABCMR Record of Proceedings (cont) AR20090016611 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090016611 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1