Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090018131
Original file (20090018131.txt) Auto-classification: Approved

		BOARD DATE:	  6 May 2010

		DOCKET NUMBER:  AR20090018131 


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 that his records be corrected to reflect that he was awarded the Republic of Vietnam Campaign Medal (RVNCM).  He also requests that he be issued a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correction.

2.  The applicant states that he served 1 year in Vietnam from 15 December 1970 to 15 December 1971 and he was issued the Vietnam Service Medal (VSM); however, his records do not reflect award of the RVNCM.

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’s official records were not available for review.  However, the DD Form 214 provided by the applicant is sufficient evidence to conduct a review of this case.

3.  The applicant enlisted in the Regular Army in Pittsburgh, Pennsylvania on 5 June 1970.  He completed his training as a military policeman at Fort Gordon, Georgia and was transferred to Vietnam on 15 December 1970.

4.  He departed Vietnam on 13 December 1971 and was transferred to Fort Meade, Maryland, where he remained until he was honorably released from active duty on 3 March 1972.  He had served 1 year, 8 months, and 29 days of total active service and his DD Form 214 indicates he was awarded the National Defense Service Medal, the Vietnam Service Medal, and his marksmanship badges.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the RVNCM.  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.  

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit 
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and he participated in three campaigns while in Vietnam and thus is entitled to three bronze service stars for wear on his already-awarded VSM.

7.  Army Regulation 635-5 serves as the authority for the preparation and issuance of the DD Form 214 and the DD Form 215 (Correction of DD Form 214).  It provides, in pertinent part, that once a DD Form 214 has been issued, it will not be reissued unless it has been determined that it cannot be properly corrected by the issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215.





DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to award of the RVNCM has been noted and found to have merit.  He served at least 6 months in Vietnam and he is qualified for that award.  Accordingly, it should be added to his 
DD Form 214 at this time.

2.  Additionally, the applicant is also entitled to award of the RVNGC w/Palm Unit Citation and three bronze service stars for wear on his already-awarded VSM.

3.  The applicant’s contention that he should be issued a new DD Form 214 has been considered and found to lack merit.  The above corrections can be made through the issuance of a DD Form 215.  Accordingly, there is no basis to issue him a new 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 adding the RVNCM, the RVNGC w/Palm Unit Citation, and three bronze service stars to be worn with his already-awarded VSM to his DD Form 214. 

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 the issuance of a new 
DD Form 214.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply 


appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __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)                                         AR20090018131



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090018131



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090011791

    Original file (20090011791.txt) Auto-classification: Approved

    He had served 2 years and 10 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) and his marksmanship awards. Record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the CIB effective 23 October 1969 and the AGCM for the...

  • ARMY | BCMR | CY2001 | 2001063928C070421

    Original file (2001063928C070421.rtf) Auto-classification: Approved

    The evidence of record shows that the applicant was improperly awarded a MUC-AFL at the time of his separation. Accordingly, he should be awarded that award and his record corrected accordingly. The applicant was improperly issued an AAM for his service; however, the AAM did not exist at the time the applicant served and was not authorized for issuance until approximately 10 years later.

  • ARMY | BCMR | CY2006 | 20060007995C070205

    Original file (20060007995C070205.doc) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVNCM). Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. ...

  • ARMY | BCMR | CY2009 | 20090014502

    Original file (20090014502.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant provides the following documents in support of his application: DD Form 214, National Personnel Records Center (NPRC) Letter, DA Form 1577 (Authorization for Issuance of Awards), BSM Citation and Certificate, and AM Order. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 24 of his DD Form 214 the Air...

  • ARMY | BCMR | CY2005 | 20050017811C070206

    Original file (20050017811C070206.doc) Auto-classification: Approved

    William F. Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 12 July 1970 Separation Document (DD Form 214) be corrected by adding the Republic of Vietnam Campaign Medal (RVNCM) with 1960 Device, Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation,...

  • ARMY | BCMR | CY2003 | 2003090343C070212

    Original file (2003090343C070212.rtf) Auto-classification: Approved

    On 6 November 1963, he transferred to Vietnam with his unit. While in Vietnam, his commander submitted a recommendation to award the applicant the award of the Silver Star for gallantry in action in Vietnam on 2 and 3 March 1964. The evidence of record clearly shows that the applicant was awarded the BSM with "V" Device that was not included on his DD Form 214 at the time of separation.

  • ARMY | BCMR | CY2002 | 2002080568C070215

    Original file (2002080568C070215.rtf) Auto-classification: Approved

    The applicant requests that his report of separation (DD Form 214) be corrected to reflect his awards of the Purple Heart, the Army Commendation Medal (ARCOM) and his Certificate of Achievement. A review of unit records at the National Archives in College Park, Maryland, by a staff member of the Board, revealed a copy of orders awarding him the ARCOM as well as the recommendation; however, there was no evidence that the applicant was ever wounded/injured as a result of enemy action, that he...

  • ARMY | BCMR | CY2001 | 2001057988C070420

    Original file (2001057988C070420.rtf) Auto-classification: Approved

    I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. This document contains no reference to the applicant being wounded in action or being awarded the PH. The Board finds that the entry in block 40 (Wounds) of the applicant’s DA Form 20, which confirms he was wounded in action while serving as a PFC in the RVN on 13 February 1968, coupled with the DA...

  • ARMY | BCMR | CY2006 | 20060014912

    Original file (20060014912.txt) Auto-classification: Approved

    The applicant requests, in effect, that the fourth letter of his first name on his report of separation (DD Form 214) be corrected to reflect an “M” instead of an “H”, that his service in Vietnam be changed to reflect “20 March 1968 to 26 March 1969”, that he be awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC w/Palm) (3rd Award), the Republic of Vietnam Civil Actions Honor Medal - First Class (RVNCAHM-FC) Unit Citation, one silver service star for wear on his...

  • ARMY | BCMR | CY2009 | 20090011812

    Original file (20090011812.txt) Auto-classification: Approved

    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. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. As a result, the Board...