BOARD DATE: 20 January 2015 DOCKET NUMBER: AR20140009776 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 the following: * award of the Vietnam Campaign Medal, campaign service stars, and any other authorized awards * issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) 2. The applicant states he served in South Vietnam for 4 months and 10 days from 1965 to 1966. He was awarded the Vietnam Service Medal, but he was not awarded the Vietnam Campaign Medal. A DD Form 215 should be issued to identify missing information from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He served on active duty from 23 January 1964 through 22 January 1966. He is applying for service-connected disability due to his service in Vietnam and exposure to herbicides known as Agent Orange. The Department of Veterans Affairs Medical Center is requesting a DD Form 215 identifying award of the Vietnam Campaign Medal. 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations. 2. The applicant was inducted into the Army of the United States on 23 January 1964. He was awarded military occupational specialty 52B (power generator specialist). 3. He served in Vietnam from 11 September 1965 through 21 January 1966, during one campaign. He was assigned to Battery D, 6th Battalion, 56th Artillery. 4. He was released from active duty on 22 January 1966. He was credited with completing 2 years of active service and 4 months and 10 days of foreign service. His DD Form 214 lists the Army Good Conduct Medal and Vietnam Service Medal. 5. His DA Form 20 (Enlisted Qualification Record) lists in: * Item 29 (Qualifications in Arms) – the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.45 Caliber) Bars * Item 41 (Awards and Decorations) the Army Good Conduct Medal and Vietnam Service Medal 6. Army Regulation 600-8-22 (Military Awards) states: * The Republic of Vietnam Campaign Medal is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who have served in Vietnam for a period of 6 months * Bronze service stars are worn on the Vietnam Service Medal to denote campaign participation 7. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows DA General Orders (GO) Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The applicant served in Vietnam during one campaign. Therefore, he is entitled to award of one bronze service star to be added to his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show this service star. 2. The evidence shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.45 Caliber) Bars. Therefore, his DD Form 214 should be corrected to show these badges. 3. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam. Therefore, his DD Form 214 should be corrected to show this award. 4. With regard to award of the Vietnam Campaign Medal, the evidence shows he served in Vietnam from 11 September 1965 through 21 January 1966, a period of 4 months and 10 days. By regulation, members who have served in Vietnam for a period of 6 months are eligible for this award. Therefore, he is not entitled to award of the Vietnam Campaign Medal and its addition to his DD Form 214. 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: * deleting from his DD Form 214 the Vietnam Service Medal * adding to this DD Form 214 the: * Vietnam Service Medal with one bronze service star * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.45 Caliber) Bars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * issuing him a DD Form 215 listing the foregoing awards 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 award of the Vietnam Campaign Medal and its addition to his DD Form 214. _______ _ 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) AR20140009776 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140009776 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1