IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110001338
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show any campaign ribbons for his duty in Vietnam.
2. He states he served one year of military duty in Vietnam beginning in September 1971.
3. He provides his DD Form 214, DD Form 1351-2 (Travel Voucher or Subvoucher), and Leave and Earnings Statement.
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 applicant's complete military records are not available to the Board. However, there are sufficient documents in his service record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he enlisted in the Regular Army on 25 March 1971.
4. He provided his Travel Voucher or Subvoucher, dated 10 September 1971, which shows he arrived in the Republic of Vietnam on 5 September 1971 and arrived in Da Nang, Vietnam on 7 September 1971.
5. He also provided his Leave and Earnings Statement for the period 1 to 31 October 1972, which shows he received foreign duty pay and hostile fire pay in August 1972.
6. He was released from active duty on 29 March 1974 on temporary records. His DD Form 214 shows award of the National Defense Service Medal and no foreign service.
7. References:
a. 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.
b. 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. This regulation states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the Consolidation I, Consolidation II, and Vietnam Ceasefire campaigns.
c. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he served one year of military duty in Vietnam beginning in September 1971 is acknowledged and determined to have merit.
2. His Travel Voucher or Subvoucher shows he arrived in Vietnam on 5 September 1971 and his Leave and Earnings Statement shows he received foreign duty pay and hostile fire pay in August 1972. However, his service record is void of evidence showing the specific date of his departure from Vietnam.
3. His service record doesnt contain sufficient evidence which indicates he remained in Vietnam from 5 September 1971 through August 1972 continuously. However, any reasonable doubt that he served in Vietnam during this period should be resolved in his favor.
4. Therefore, he is eligible for award of the Vietnam Service Medal with three bronze service stars and Republic of Vietnam Campaign Medal with Device (1960). In addition, the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. He served in Vietnam during a qualifying period and is eligible for this award. Therefore, these 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 that the evidence presented was 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 amending item 24 of his DD Form 214 by adding the Vietnam Service Medal with
three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), 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) AR20110001338
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110001338
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100025871
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for...
ARMY | BCMR | CY2010 | 20100026930
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 16 September 1975 to show award of the Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, any qualification badges, and all other awards that he is authorized. Although the applicant's record contains three DD Forms 214 for his continuous...
ARMY | BCMR | CY2014 | 20140008436
Therefore, it would be appropriate at this time to award him this medal for the period 3 September 1970 through 24 March 1972 and to correct his DD Form 214 to show this medal. Evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for...
ARMY | BCMR | CY2011 | 20110015205
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 30 September 1977 to show the: * Meritorious Service Medal * Army Good Conduct Medal * Vietnam Service Medal with one silver and three bronze service stars vice one silver and one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation with 1st Oak Leaf Cluster * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd...
ARMY | BCMR | CY2014 | AR20140010296
* he highlights item 6, titled "Service for Pay" which shows a "1" under YRS and a date of 29 October 1970 under "DATE COMP" * Army Regulation 37-104-2 identifies item 6 as designed to show years of service as well as the date of the last full year of service completed * the applicant was inducted on 29 October 1969 and had exactly one year of service for pay purposes on 29 October 1970 * item 8 is identified in Army Regulation 37-104-2 as showing the pay period for that pay voucher; this...
ARMY | BCMR | CY2015 | 20150000047
Additionally, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080008738
The applicant states that his DD Form 214 does not reflect the Vietnam Service Medal with 1 bronze service star and the Republic of Vietnam Campaign Medal with Device (1960-). Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960-). As a result, the...
ARMY | BCMR | CY2009 | 20090018112
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized (All periods of Service)) of the applicant's DD Form 214 shows he was awarded or authorized to wear the * Bronze Star Medal * Defense Meritorious Service Medal * Meritorious Service Medal * Air Medal (7th Award) * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Army Service Ribbon * Overseas Service Ribbon * Republic of Vietnam Campaign Medal (7th...
ARMY | BCMR | CY2009 | 20090008934
Application for correction of military records (with supporting documents provided, if any). This document shows that while the applicant was assigned to both regiments in Vietnam they were both cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation in accordance with Department of the Army, General Order 6, 1974. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the...
ARMY | BCMR | CY2008 | 20080007082
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his service in the Republic of Vietnam and all of his awards. The evidence of record clearly shows that the applicant served in the Republic of Vietnam during the period from 5 November 1971 to 26 June 1972. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing on his DD Form 214,...