IN THE CASE OF: BOARD DATE: 22 January 2015 DOCKET NUMBER: AR20140008266 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 his dates of service in Vietnam. 2. The applicant states: * his DD Form 214 needs to show his Vietnam campaign service * he was in Vietnam from August 1965 to July 1966 * he is a boots-on-the-ground Vietnam veteran 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 enlisted in the Regular Army on 2 March 1964 for 3 years. He served in Vietnam from 17 August 1965 to 29 July 1966 as an aircraft power train repairman assigned to Company A, 15th Transportation Corps Battalion, 1st Cavalry Division. 3. Records show he participated in three campaigns during his assignment in Vietnam. 4. He was released from active duty on 1 March 1967. 5. His DD Form 214 shows in: * item 22c (Foreign and/or Sea Service) – 1 year under the major command of U.S. Army Pacific * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal and Vietnam Service Medal * item 30 (Remarks) – no Vietnam service 6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the Vietnam Service Medal for each credited campaign. 7. Army Regulation 600-8-22 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. 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 15th Transportation Battalion was awarded the: * Presidential Unit Citation for actions during the period 23 October to 26 November 1965 by Department of the Army General Orders Number 40, dated 1967 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders Number 59, dated 1969 9. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. The regulation provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block. DISCUSSION AND CONCLUSIONS: 1. The entries on the applicant's DA Form 20 which show he served in Vietnam from 17 August 1965 to 29 July 1966 are accepted as sufficient evidence on which to add the entry "Vietnam Service: 17 August 1965 to 29 July 1966" to item 30 of his DD Form 214. 2. As a related issue, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960) and three bronze service stars for wear on his already-awarded Vietnam Service Medal based on his service in Vietnam and participation in three campaigns. 3. Also, his unit in Vietnam was awarded the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards. 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: a. adding the following awards to his DD Form 214: * Republic of Vietnam Campaign Medal with Device (1960) * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * three bronze service stars with his already-awarded Vietnam Service Medal b. adding the entry "Vietnam Service: 17 August 1965 to 29 July 1966" to item 30 of 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) AR20140008266 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140008266 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1