Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110014410
Original file (20110014410.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  24 January 2012

		DOCKET NUMBER:  AR20110014410 


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 his dates of service in Vietnam and the Republic of Vietnam Campaign Medal with Device (1960) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 

2.  The applicant states he served in Vietnam and he wants the Republic of Vietnam Campaign Medal with Device (1960) listed in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 

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 18 June 1965.  He served as a helicopter mechanic in Vietnam and he was released from active duty on 8 June 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  His DD Form 214 shows in:

* Item 22c (Foreign and/or Sea Service) he served 3 months and 24 days of foreign service in U.S. Army Pacific (USARPAC)
* Item 24 the National Defense Service Medal and Vietnam Service Medal 
* Item 30 (Remarks) no Vietnam service

4.  Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 15 February 1967 through 10 June 1967.  This end date is incorrect since he was released from active duty on 8 June 1967.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he departed Vietnam on 4 June 1967. 

6.  There is no evidence of record which shows the applicant was evacuated from Vietnam due to wounds as a result of hostile action.

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 24c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the Remarks block.

8.  Army Regulation 600-8-22 (Military Awards) 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.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The entries on his DA Form 20 which show he served in Vietnam from 
15 February 1967 to 4 June 1967 are accepted as sufficient evidence on which to add the entry "Vietnam Service:  15 February 1967 to 4 June 1967" to item 
30 of his DD Form 214.

2.  Evidence shows he served in Vietnam for a period less than 4 months.  Since there is no evidence of record which shows he was evacuated from Vietnam prior to completing 6 months of service due to wounds resulting from hostile action, he is not eligible for the Republic of Vietnam Campaign Medal with Device (1960).

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 the entry "Vietnam Service:  15 February 1967 to 4 June 1967" to item 
30 of his DD Form 214.








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 adding the Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214.  




      _______ _  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)                                         AR20110014410





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014410



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110022916

    Original file (20110022916.txt) Auto-classification: Approved

    The statement provided that Senator Tester presented to the applicant his long overdue awards and decorations, including the Purple Heart, National Defense Service Medal, Vietnam Service Medal with bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, and Cold War Recognition Certificate. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his DD Form 214...

  • ARMY | BCMR | CY2005 | 20050005317C070206

    Original file (20050005317C070206.DOC) Auto-classification: Approved

    The applicant requests correction of his military records to show award of the Purple Heart. There are no general orders in the applicant's military service records, which showed that he was awarded the Purple Heart. Based on the applicant's personnel records, the applicant's medical service records, and the Republic of Vietnam Casualty Listing, it is concluded that there is sufficient evidence to substantiate award of the Purple Heart for the wounds he received.

  • ARMY | BCMR | CY2008 | 20080015568

    Original file (20080015568.txt) Auto-classification: Approved

    There are no orders in the applicant’s military service records showing award of the Purple Heart. The evidence of record shows that the applicant was wounded in action, on 13 May 1967, having sustained multiple fragment wounds to the right arm and right leg while on a combat operation in Vietnam. 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 Purple Heart for wounds received as a result...

  • ARMY | BCMR | CY2012 | 20120009823

    Original file (20120009823.txt) Auto-classification: Approved

    The applicant states the FSM should have received the Purple Heart because he was wounded on 22 April 1967 in Vietnam. The applicant provides: * Service medical records * FSM's death certificate * FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Page 4 of his DA Form 20 (Enlisted Qualification Record) * Western Union telegram CONSIDERATION OF EVIDENCE: 1. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2011 | 20110011224

    Original file (20110011224.txt) Auto-classification: Approved

    Therefore, it would be appropriate at this time to awarded the applicant the Army Good Conduct Medal (1st Award) for the period 6 September 1966 through 26 July 1968 and to correct his DD Form 214 to show this award. Evidence shows the applicant received the Vietnam Service Medal and he was wounded in action. 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 the...

  • ARMY | BCMR | CY2010 | 20100019361

    Original file (20100019361.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. 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. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2009 | 20090010609

    Original file (20090010609.txt) Auto-classification: Approved

    Headquarters, 3rd Field Hospital, General Orders Number 63, dated 2 May 1967, show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 2 May 1967. The applicant provides copies of two award certificates commemorating his award of the Purple Heart for wounds received in action on 2 May 1967. Records show that the applicant was awarded the Vietnam Service Medal.

  • ARMY | BCMR | CY2010 | 20100000909

    Original file (20100000909.txt) Auto-classification: Approved

    In support of his application, the applicant provides a copy of Headquarters, 93rd Evacuation Hospital, General Orders Number 277, dated 13 November 1967, that awarded the applicant the Purple Heart for wounds received in military operations against a hostile force in Vietnam on 12 November 1967. There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge. As a result, the Board recommends that all Department of...

  • ARMY | BCMR | CY2010 | 20100019030

    Original file (20100019030.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * total foreign service * award of the Purple Heart and Vietnam Service Medal * last rank and pay grade as specialist four (SP4)/E-4 2. His DA Form 20 (Enlisted Qualification Record) prepared from temporary records on 23 May 1969 shows: * item 31 (Foreign Service) – arrival date in Vietnam not indicated and departure date from Vietnam as 24 May 1969 * item 33...

  • ARMY | BCMR | CY2014 | AR20140009047

    Original file (AR20140009047.txt) Auto-classification: Approved

    U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. There is no evidence in his record that shows he was awarded the Purple Heart. Awarding him the Combat Infantryman Badge effective 19 January 1968; c. deleting from his DD Form 214 to the "VSM" and "Sharpshooter"; and d. adding to his DD Form 214 the: * Purple Heart * Combat Infantryman Badge * Army Good Conduct Medal (1st Award) * Sharpshooter...