IN THE CASE OF: BOARD DATE: 16 February 2011 DOCKET NUMBER: AR20100021889 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 the "Vietnam Combat Accommodation Medal." 2. The applicant states the award was left off his DD Form 214. 3. The applicant provides a copy of his DD Form 214. 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 records show he enlisted in the Regular Army for a period of 3 years on 30 March 1970 and held military occupational specialty 51B (Carpenter). His records also show he served overseas in: * Korea, from on or about 23 August 1970 to 1 October 1971; he was assigned to C Company, 44th Engineer Battalion * Vietnam, from on or about 6 October 1971 to 8 April 1972; he was assigned to the 537th Personnel Service Company 3. On 11 April 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation. 4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), and Vietnam Service Medal. 5. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960). It is 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. 6. A review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214. 7. Headquarters, U.S. Army Training Center, Engineer, Fort Leonard Wood, MO, Special Orders Number 169, dated 18 June 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 8. Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded the 537th Personnel Service Company the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 9. Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) campaign during his tour of duty in Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show the "Vietnam Combat Accommodation Medal." There is no such award/medal in the DOD Awards Manual or Army Regulation 600-8-22; however, the applicant may have meant the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant served in Vietnam from on or about 6 October 1971 to 8 April 1972, a period of 6 months and 2 days. Therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and he is entitled to correction of his DD Form 214 to show this award. 3. General orders show his unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit, which is not shown on his records. Therefore, he is entitled to correction of his DD Form 214 to show this unit award. 4. Special orders awarded him Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge. 5. The evidence of record shows he was awarded the Vietnam Service Medal. Additionally, he participated in one campaign while serving in the Republic of Vietnam. Therefore, he is entitled to award of a bronze service star to be affixed to the Vietnam Service Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ___X____ ___X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 to item 24 of his DD Form 214 the: * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar * A bronze service star to be affixed to his already-awarded Vietnam Service Medal 2. The Board further determined that 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 "Vietnam Combat Accommodation Medal." _______ _ 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) AR20100021889 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100021889 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1