BOARD DATE: 29 March 2011 DOCKET NUMBER: AR20100024094 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 his DD Form 214 be corrected to reflect his foreign service and his awards for service in Vietnam. 2. The applicant states, in effect, he served in Vietnam and his foreign service is not reflected on his DD Form 214 nor are his awards for service in Vietnam reflected. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 in San Antonio, Texas on 29 March 1971 for a period of 3 years and training as a clerk-typist. He completed all of his training at Fort Polk, Louisiana and was transferred to Vietnam on 24 August 1971. 3. He was initially assigned to Headquarters and Headquarters Company, 5th Transportation Battalion for duty as a security guard and on 9 March 1972 he was assigned to Company D, 87th Infantry Regiment for duty as a clerk typist. 4. After serving 8 months and 3 days of foreign service and serving in three campaigns, he departed Vietnam on 27 April 1972 for assignment to Fort Huachuca, Arizona. 5. On 11 December 1972, he was discharged under honorable conditions under the provisions of Army Regulation 635-200 and Department of the Army Message 242110Z. He had served 1 year, 8 months, and 13 days of active service. His DD Form 214 issued at the time of discharge reflects no foreign service in block 22c and it shows he was awarded the National Defense Service Medal. 6. 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. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. 7. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal (RVNCM) with 1960 Device 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. 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states all units in Vietnam were later awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC with Palm) Unit Citation. DISCUSSION AND CONCLUSIONS: 1. The applicant served 8 months and 3 days of foreign service in Vietnam. Accordingly, he is entitled to have this service reflected in block 22c of his DD Form 214. 2. The applicant also served during qualifying periods for award of the VSM with three bronze service stars and the RVNCM with 1960 Device. Accordingly, he is entitled to be awarded these medals and to have them entered on his DD Form 214. 3. Additionally, he served in Vietnam during a qualifying period in which his unit was awarded the RVNGC with Palm Unit Citation. Accordingly, this award should be added to his DD Form 214 at this time. 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: * Adding in block 22c of his DD Form 214 8 months and 3 days of foreign service in USARPAC (U.S. Army Pacific) * Adding the VSM with three bronze service stars, RVNCM with 1960 Device, and RVNGC with Palm Unit Citation to his DD Form 214 * Providing him a document to show these awards _______ _ 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) AR20100024094 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100024094 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1