IN THE CASE OF:
BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100014163
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 authorization for any applicable awards for service in the Republic of Vietnam.
2. The applicant states he served in Vietnam for 2 months as part of the advanced party for the 11th Aviation Group, 1st Cavalry Division.
3. The applicant provides a copy of travel orders showing he was to depart Tan Son Nhut Air Force Base, Vietnam, on 13 October 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 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 served on active duty in the Army of the United States from 1 November 1963 to 14 October 1965. He was separated with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) as a sergeant (E-5). His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his authorized awards as the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
3. His DA Form 24 (Service Record) shows in Section 2 (Chronological Record of Military Service) that he served with Headquarters and Headquarters Company, 11th Aviation Group, 1st Cavalry Division, at Army Post Office 96490 [Nha Trang, Republic of Vietnam] from 17 September 1965 to 13 October 1965. However, Section 5 (Service Outside Continental United States) shows he departed the United States on 17 August 1965, arrived at Nha Trang on 21 August 1965, and departed the U.S. Army Pacific for the U.S. on 13 October 1965. His DD Form 214 shows he served in the U.S. Army Pacific for 1 month and 26 days.
4. 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. The Vietnam Defense Campaign lasted from 8 March 1965 through 24 December 1965.
5. Army Regulation 600-8-22 also states the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.
6. Headquarters, U.S. Army Vietnam, and all subordinate units were authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The preponderance of the evidence indicates the applicant served in the Republic of Vietnam for slightly less than 2 months during August, September, and October 1965.
2. That service qualifies him for the Vietnam Service Medal with one bronze service star.
3. He is also qualified for the National Defense Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
4. The above awards should be added 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 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 showing that in addition to the awards already shown on his DD Form 214, he is also authorized the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
_______ _ 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) AR20100014163
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ABCMR Record of Proceedings (cont) AR20100014163
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