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 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. The applicants 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 applicants 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 applicants 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 applicants 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.
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