IN THE CASE OF:
BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110014405
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 his service in the Republic of Vietnam (RVN) and all appropriate medals.
2. The applicant states his DD Form 214 does not show any combat ribbons or any of the awards he received for Vietnam or his Vietnam service.
3. The applicant provides copies of four pages from his passport, his DD Form 214 for the period ending 14 May 1962, and his DD Form 214 for the period ending 5 August 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 enlisted in the Regular Army on 5 May 1959. He completed training and was awarded military occupational specialty (MOS) 351.10 (Power Generator Specialist). He was released from active duty on 5 May 1959. He again enlisted in the Regular Army on 6 August 1962, retaining MOS 351.10.
3. His DA Form 24 (Service Record) shows:
a. in section 4 (Chronological Official Record of Military Service) that he was assigned in Vietnam to the 114th Aviation Company from 7 May 1963 through 20 March 1964;
b. in section 5 (Service Outside Continental United States) that he embarked from Fort Campbell, KY, on 5 May 1963 and arrived in Saigon, Vietnam, on 7 May 1963. He embarked from Saigon, Vietnam, on 21 March 1964 and arrived in the United States on 17 April 1964;
c. in section 9 (Medals, Decorations, and Citations) that he was awarded the Armed Forces Expeditionary Medal (AFEM) (Vietnam) and four awards of the Air Medal.
4. On 5 August 1965, the applicant was honorably discharged in the rank of specialist four/E-4.
5. The applicant's DD Form 214 for the period ending 5 August 1965 shows:
a. in item 24c (Foreign and/or Sea Service) the entry "USARPAC 0 11 13" indicating service in the U.S. Army Pacific for 11 months and 13 days and
b. in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal, AFEM, and Air Medal with three oak leaf clusters.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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.
b. An individual who was authorized the AFEM may choose to hold the Vietnam Service Medal instead, but no individual is authorized both medals for service in Vietnam.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows the 114th Aviation Company was cited for award of the Meritorious Unit Commendation for the period July 1963-June 1964 by Department of the Army General Orders (DAGO) Number 18, dated 1965, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1963-30 June 1964 by DAGO Number 46, dated 1968.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant served in Vietnam from 7 May 1963 through 20 April 1964. His last overseas theater, USARPAC, is shown in item 24c of his DD Form 214. Nevertheless, there is no harm to the Army or the Soldier if his period of service in Vietnam is shown in item 32 (Remarks) of his DD Form 214 for the period ending 5 August 1965.
2. He served during a period that qualified him for correction of his records to show the Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, and RVN Gallantry Cross Unit Citation with Palm.
3. His DD Form 214 should be corrected to show this service and these 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:
a. adding the following awards to item 26 of his DD Form 214 for the period ending 5 August 1965:
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
b. adding the entry "SERVICE IN VIETNAM FROM 7 May 1963 - 21 March 1964" to item 32 of his DD Form 214 for the period ending 5 August 1965.
__________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) AR20110004784
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110014405
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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