IN THE CASE OF: BOARD DATE: 5 April 2011 DOCKET NUMBER: AR20100024003 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 Campaign Medal. 2. The applicant states he served in Vietnam for 6 months and he should have been awarded the Vietnam Campaign Medal. 3. The applicant provides a copy of his previous Record of Proceedings. 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 on 7 March 1966 for a period of 4 years. He held military occupational specialty (MOS) 31E (Field Radio Repairman). 3. Subsequent to completion of MOS training, he was reassigned to Korea. He served with Operations Company, 177th USASA (U.S. Army Security Agency) from 29 November 1966 to 18 December 1967. 4. He also served with USASA - Pacific (Hawaii) from on or about 26 September 1968 to on or about 8 January 1970. He was honorably released from active duty on 12 January 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period shows he completed 1 year and 19 days of foreign service in Korea. 5. He previously provided three TDY (temporary duty) orders: a. Letter Orders Number 11-3-68, issued by Headquarters, USASA – Pacific, dated 1 November 1968, authorizing him and other Soldiers TDY travel to Thailand and Vietnam for a period of approximately 64 days with a will proceed date of on or about 6 November 1968. b. Letter Orders Number 1-4-69, issued by the same headquarters, USASA – Pacific, dated 2 January 1969, amending the TDY period in the previous orders from approximately 64 days to approximately 124 days. c. Letter Orders Number 5-84-69, also issued by the same headquarters, dated 13 May 1969, authorizing him and other Soldiers TDY travel to Thailand and Vietnam for a period of 94 days with a will proceed date of on or about 15 May 1969. 6. On 24 November 2009, the Board granted him partial relief in that the evidence did not confirm his exact dates or length of service in Vietnam but there was sufficient evidence to conclude he served in Vietnam which entitled him to the Vietnam Service Medal. However, the Board denied the portion of the applicant that pertained to listing his service in Vietnam on his DD Form 214. 7. 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. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was assigned to USASA - Pacific. The letter orders he provided authorized him TDY travel from Hawaii to Thailand and Vietnam on two occasions. Although these orders confirm he served in Vietnam and entitled him to award of the Vietnam Service Medal, his dates of departure from and return to Hawaii, arrival to and departure from Thailand, and arrival to and departure from Vietnam cannot be determined. 2. It is unclear if he performed a minimum of 6 months of service in Vietnam to qualify for award of the Vietnam Campaign Medal. In the absence of additional documentary evidence that confirms his dates of arrival and/or departure from each location there is insufficient evidence to award him the Vietnam Campaign Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ____X___ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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) AR20100024003 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100024003 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1