IN THE CASE OF:	  

		BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100013275 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Vietnam Service Medal, Republic of Vietnam Campaign Medal, and "Southeast Asia Service Medal."  

2.  He states his records show he was sent to Vietnam and he would like his medals.

3.  He provides pages 3 of his DA Form 20 (Enlisted Qualification Record) and 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 military records show he was inducted into the Army of the United States on 16 January 1964.  He served in Vietnam from 4 October 1965 through 10 January 1966, a period of 3 months and 7 days.  He was assigned to Service Battery, 6th Battalion, 14th Artillery, during two campaigns.  

3.  He was honorably released from active duty on 11 January 1966, as an overseas returnee, and was transferred to the U.S. Army Reserve. 

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

6.  Army Regulation 600-8-22 also provides for award of the Republic of Vietnam Campaign Medal.  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 and contributed direct combat support to the Republic of Vietnam and Armed Forces.  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 wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

7.  Army Regulation 600-8-22 further states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  

8.  Army Regulation 600-8-22 does not list a "Southeast Asia Service Medal."

9.  Army Regulation 600-8-22 also states 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 to 30 November 1995; and 11 September 2001 to a date to be determined.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 6th Battalion, 14th Artillery,   was awarded the Presidential Unit Citation, for service from 23 October to         26 November 1965, based on Department of the Army General Orders Number 40, dated 1967; Meritorious Unit Commendation, for service from 27 November 1965 to 10 November 1967, based on Department of the Army General Orders Number 48, dated 1968; and Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 23 October 1965 to 23 June 1970, based on Department of the Army General Orders Number 55, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contentions have been noted.  The evidence of record shows he served in Vietnam from 4 October 1965 through 10 January 1966, a period of 3 months and 7 days, during two campaigns.  Therefore, he is entitled to correction to his DD Form 214 to list the Vietnam Service Medal with two bronze service stars.

2.  The evidence of record also shows he met the criteria for award of the National Defense Service Medal for his period of honorable active service from 16 January 1964 to 11 January 1966; therefore, he is entitled to this award and its addition to his DD Form 214.

3.  General orders also show he is entitled to wear the Presidential Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to correct his records by listing these unit awards on his DD Form 214.

4.  The evidence of record does not show he completed a period of qualifying service for award of the Republic of Vietnam Campaign Medal and Southwest Asia Service Medal, and there is no such award as the "Southeast Asia Service Medal."  Therefore, he is not entitled to correction to his DD Form 214 to list these awards.

5.  In view of the foregoing, his should be corrected as recommended below.




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:

   a.  adding to item 26 of the applicant’s DD Form 214 the Vietnam Service Medal with two bronze service stars, National Defense Service Medal, Presidential Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
   
   b.  providing him a document to show the above corrections.

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 adding to item 26 of his 
DD Form 214 the Republic of Vietnam Campaign Medal and the Southwest Asia Service Medal or the "Southeast Asia Service Medal.”  



      _______ _   _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)                                         AR20100013275



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100013275


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1