IN THE CASE OF:
BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110015382
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding his awards for his service in Vietnam.
2. The applicant states that his DD Form 214 does not reflect his awards for service in Vietnam.
3. The applicant provides a copy of his 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 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 enlisted in the Regular Army in Cleveland, Ohio on 25 January 1966 for a period of 4 years and assignment to the Army Security Agency (ASA). He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a traffic analyst at Fort Devens, Massachusetts before being transferred to Vietnam on 14 October 1966.
3. He was assigned to the 337th Radio Research Company, 303rd Radio Research Battalion. He was promoted to the pay grade of E-5 on 14 November 1967.
4. He participated in two campaigns in Vietnam and departed on 16 December 1967 for assignment to Vint Hill Farms Station at Warrenton, Virginia where he remained until he was honorably released from active duty (REFRAD) on 22 December 1969 to attend school. He had served 3 years, 10 months and 27 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Good Conduct Medal and the Army Commendation Medal.
5. A review of his official records shows that the applicant was also entitled to be awarded the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960); however, for reasons not explained in the available records they were not entered on his records.
6. 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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.
7. 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.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows that the FSM's unit was awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 does not contain all of his authorized awards has been noted and found to have merit.
2. The applicant was authorized awards of the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; however, for reasons not explained in his official records they were omitted from his DD Form 214 at the time of his REFRAD.
3. Accordingly, those awards should be added to his records at this time.
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 adding the awards of the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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) AR20110015382
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ABCMR Record of Proceedings (cont) AR20110015382
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