BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100028801 


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 award of the Vietnam Service Medal and the Vietnam Campaign Medal with Device (1960).

2.  The applicant states these two awards are missing from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

3.  The applicant provides these documents in support of his application:

* DD Form 214 with a separation date of 4 May 1968
* DD Form 1351-2 (Travel Voucher or Subvoucher), dated 19 December 1967
* Letter Orders Number T10-1643, dated 9 October 1967

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 was inducted into the Army of the United States on 11 May 1966 for a 2-year period.  He completed his initial entry training and was awarded military occupational specialty 35B (Instrument Repairer).   
 
3.  The applicant served in the United States Army Pacific (USARPAC) in Okinawa with the 16th Light Equipment Maintenance Company from 24 May 1967 to 3 May 1968.  During this period, his unit was attached to Headquarters, Military Assistance Command – Vietnam from 15 October 1967 to 12 December 1967.

4.  The applicant was honorably released from active duty on 4 May 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining statutory military service obligation.  The DD Form 214 he was issued confirms he completed 1 year, 11 months, and 24 days of total active service with 1 year, 1 month, and 10 days of foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows these authorized awards:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge (M-14 Rifle)
* Army Good Conduct Medal (1st Award)

6.  The applicant provided a DD Form 1351-2 that shows he received payment for a period of temporary duty from 15 October 1967 to 12 December 1967 and that his temporary place of duty was in multiple locations in the Republic of Vietnam.  The duration of this period of temporary duty is 59 days.

7.  References:

	a.  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.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968).

	b.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

	c.  Department of the Army General Orders Number 8, dated 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.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's 59 days of temporary duty in the Republic of Vietnam, he is entitled to a correction of his record to show the Vietnam Service Medal.  During this period, he was credited with participating in the Vietnam Counteroffensive Phase III.  Therefore, he is entitled to one bronze service star to be affixed to his awarded Vietnam Service Medal. 

2.  General orders announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the U.S. Military Assistance Command – Vietnam.  As he was attached to this unit for more than 30 days, he is entitled to a correction of his DD Form 214 to show this award.

3.  The applicant served 1 month and 29 days, a total of 59 days, in the Republic of Vietnam.  The Republic of Vietnam Campaign Medal with Device (1960) is a foreign award given to Soldiers who served for 6 months or longer in the Republic of Vietnam.  Therefore, the applicant is not entitled to this award for he did not serve the required 6 months tour of duty in the Republic of Vietnam. 



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 to his DD Form 214 the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 award of the Republic of Vietnam Campaign Medal with Device (1960).   




      _______ _  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)                                         AR20100028801





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ABCMR Record of Proceedings (cont)                                         AR20100028801



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