IN THE CASE OF:
BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110009697
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 all awards or medals earned as a result of his Vietnam service.
2. The applicant states his DD Form 214 does not show any Vietnam medals.
3. The applicant provides his DD Form 214, a letter from the National Personnel Records Center, and a printout form the Department of Veterans Affairs.
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 records show he enlisted in the Regular Army for 3 years on 25 June 1962 and he held military occupational specialty 281.10 (Microwave Radio Repairer).
3. His records show he served in the Republic of Vietnam from 7 June 1963 to 26 May 1964. He was assigned to the 362nd Signal Company, 39th Signal Battalion.
4. He was honorably released from active duty on 24 June 1965. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine)
* Armed Forces Expeditionary Medal (for his service in Vietnam)
* Army Good Conduct Medal (1st Award)
5. Army Regulation 600-8-22 (Military Awards) provides for the following awards:
a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
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.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during its service in Vietnam, the 362nd Signal Company was awarded the Meritorious Unit Commendation for service from February 1962 to June 1965 based on Department of the Army General Orders (DAGO) Number 3, dated 1965.
7. DAGO 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. The applicant served a qualifying period of service for awards of the Republic of Vietnam Campaign Medal with Device (1960) and National Defense Service Medal, neither of which is shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show both awards.
2. General orders awarded his unit of assignment in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation, neither of which is shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show both unit awards.
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 26 of his DD Form 214 the:
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Meritorious Unit Commendation
* 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) AR20110009697
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ABCMR Record of Proceedings (cont) AR20110009697
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