IN THE CASE OF: BOARD DATE: 21 April 2015 DOCKET NUMBER: AR20140013813 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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1995 to show award of the Republic of Vietnam Campaign Medal with Device (1960) and issuance of the medal. 2. The applicant states his DD Form 214 does not reflect the award and/or recognize his entitlement to the medal. 3. The applicant provides: * active duty discharge orders, dated 24 January 1995 * undated 5-page letter to the Department of Veterans Affairs (VA) * citation for the Air Force Commendation Medal * assignment and reassignment orders, dated 21 December 1965 and 26 August 1966 * VA Form 21-6782 (Original Disability Compensation) * VA letter, dated 30 June 2014 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 ABCMR does not issue medals. Requests for medals should be forwarded to the National Personnel Records Center at the following address: National Personnel Records Center (Military Personnel Records), 1 Archives Drive, St. Louis, MO 63138-1002. Requests may be submitted online through the eVetRecs website at http://www.archives.gov/veterans/military-service-records/standard-form-180.html, or via mail or facsimile (314-801-9195), or by completing a Standard Form 180 (Request Pertaining to Military Records), which is available for download at the same website. At a minimum, all requests must include a copy of the separation or discharge paperwork and any other supporting documentation to substantiate the request. All requests must be signed and dated. This portion of his request will not be discussed further in this Record of Proceedings. 3. The applicant enlisted in the U.S. Air Force (USAF) on 30 December 1959. 4. He provided orders which show he was assigned to the 620th Tactical Control Squadron in Vietnam from 22 December 1965 to 30 September 1966. 5. He also provided a citation for the Air Force Commendation Medal which states he distinguished himself by outstanding achievement as an Air Policeman at Dong Ha Air Base, Republic of Vietnam, on 4-5 February 1966. 6. On 29 March 1972, he was honorably discharged from the USAF. 7. His USAF DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) do not show the Republic of Vietnam Campaign Medal as an authorized award. 8. He enlisted in the Army National Guard on 12 August 1985. He entered active duty on 24 September 1987 in an Active Guard Reserve status. On 31 March 1995, he retired and he was placed on the Retired List effective 1 April 1995. 9. His DD Form 214 for the period ending 31 March 1995 does not show the Republic of Vietnam Campaign Medal with Device (1960) as an authorized award. 10. His National Guard Bureau Form 22 (Report of Separation and Record of Service) for the period ending 31 March 1995 does not show the Republic of Vietnam Campaign Medal with Device (1960) as an authorized award. 11. Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) 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. 12. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The instructions stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant served a qualifying period in the USAF for award of the Republic of Vietnam Campaign Medal with Device (1960). Since the governing regulation states awards and decorations for all periods of service will be shown on the DD Form 214, his DD Form 214 for the period ending 31 March 1995 should be corrected to show this medal. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214 for the period ending 31 March 1995. _______ _ 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) AR20140013813 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140013813 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1