IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080015623
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 (Report of Transfer or Discharge) for the period ending 27 September 1965 to show combat medals, the Vietnam Service Medal, and all awards and decorations to which he may be entitled.
2. The applicant states that it was an administrative error.
3. The applicant provides a copy of his DD Form 214 for the period ending
27 September 1965.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 18 November 2008, the applicant was notified by separate correspondence that he was eligible for either the Armed Forces Expeditionary Medal (which is already reflected on his DD Form 214) or the Vietnam Service Medal for qualifying service in recognition for his service in Vietnam. He was also informed that if he did not respond in writing with his decision then his request for the Vietnam Service Medal would not be considered by the Board. The applicant did not respond within the given time frame. Therefore, this portion of the applicants request will not be discussed further in these Proceedings.
3. The applicant was called to active duty on 28 September 1963. He arrived in Vietnam on 26 December 1963. He served as a communications center officer assigned to the 178th Signal Company in Vietnam from 28 December 1963 through 2 September 1964. He was assigned to the 232nd Signal Company in Vietnam from 3 September 1964 through 4 April 1965. On 27 September 1965, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
4. The applicants DD Form 214 for the period ending 27 September 1965 shows the Armed Forces Expeditionary Medal (Vietnam) and two awards of the Overseas Service Bar as authorized awards.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the applicant's unit (232nd Signal Company) was cited for award of the Meritorious Unit Commendation for actions during the period February 1962 to June 1965 by Department of the Army General Orders Number 3, dated 1966.
6. Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960). This medal 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. Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960) and the National Defense Service Medal. Therefore, it would be appropriate to add these awards to his
DD Form 214.
2. The applicant's unit (232nd Signal Company) was cited for award of the Meritorious Unit Commendation while he was assigned to it. Therefore, it would be appropriate to add this unit award to his DD Form 214.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam. The applicant served in Vietnam during a qualifying period and is eligible for this award. Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.
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 the Republic of Vietnam Campaign Medal with Device (1960), the
National Defense Service Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation on his DD Form 214 for the period ending 27 September 1965.
________xxx______________
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) AR20080015623
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