IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005785
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 the Vietnam Service Medal.
2. The applicant states he served in Vietnam from 10 May 1967 to 6 May 1968.
3. The applicant provides his DD Form 214 and DA Form 20 (Enlisted Qualification Record).
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 enlisted in the Regular Army on 21 April 1966 and he held military occupational specialty 63K (Quartermaster Heavy Equipment Repairer). He served in Vietnam with the 129th Maintenance Support Company from on or about 10 May 1967 to 6 May 1968.
3. He was honorably released from active duty on 18 April 1969. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Good Conduct Medal, National Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.
4. Army Regulation 600-8-22 (Military Awards) provides for the following awards:
a. 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.
b. 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.
c. Appendix B shows that during his service in Vietnam participation credit was awarded for the below named campaigns. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:
* Vietnam Counteroffensive Phase II, 1 July 1966-31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967-29 January 1968
* Tet Counteroffensive, 30 January-1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April-30 June 1968
5. 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 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. He served a qualifying period for award of the Vietnam Service Medal. Additionally, he participated in four campaigns during his service in Vietnam. Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with four bronze service stars.
2. He also served a qualifying period of service in Vietnam from 10 May 1967 to 6 May 1968 for award of the Republic of Vietnam Campaign Medal with Device (1960). Therefore, his DD Form 214 should be corrected to show it.
3. General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit. Therefore, his DD Form 214 should be corrected to show this unit award.
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 adding to item 24 of his DD Form 214 the:
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* 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) AR20110005785
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ABCMR Record of Proceedings (cont) AR20110005785
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