IN THE CASE OF:  

		BOARD DATE:  31 May 2012

		DOCKET NUMBER:  AR20110024652 


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, in effect, the Vietnam Campaign Medal (VCM) and the Vietnam Service Medal (VSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, due to poor recording keeping and only one person maintaining records he did not receive a correct DD Form 214.

3.  The applicant provides a copy of his DD Form 214, DA Form 20 (Enlisted Qualification Record), and a letter of reference.

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.  On 22 October 1963, the applicant was inducted into the Army of the United States.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63A (Automotive Mechanic Helper).  The highest rank he attained while serving on active duty was private first class/E3.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the Republic of Vietnam (RVN) with the 618th Ordnance Company from 7 August 1965 to 12 October 1965.

4.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar       (M-14).

5.  The applicant was honorably released from active duty on 14 October 1965.  His DD Form 214 shows he was awarded the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards) states the RVN Campaign Medal with Device (1960) (also known as the VCM) 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.  

7.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the VSM.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following:

* Vietnam Advisory Campaign
* Vietnam Defense Campaign

8.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 states 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.  



10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms that during the applicant's tenure of assignment in the RVN, the 618th Ordnance Company was awarded the Meritorious Unit Commendation (MUC).

11.  Department of the Army General Order Number 8, dated in 1974, further entitled the applicant the award of the RVN Gallantry Cross with Palm Unit Citation.  This award was awarded to all units in the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the VCM and VSM has been carefully considered and there is sufficient evidence to grant partial relief.

2.  Records do not show that the applicant had enough qualifying service in the RVN to be awarded the VCM.  He served in the RVN for the period 7 August 1965 to 12 October 1965.  Therefore, the applicant is not entitled to the VCM.

3.  Records show that the applicant does have the qualifying service in Vietnam to be awarded the VSM.  Additionally, records show he participated in two campaigns during his service in the RVN; therefore, he is eligible for wear of two bronze service stars affixed to his VSM.

4.  The applicant met the eligibility criteria for award of the National Defense Service Medal; therefore, it should be added to his DD Form 214.

5.  While the applicant was assigned to his unit, it was cited for award of the MUC; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  Department of the Army General Order Number 8, dated in 1974, further entitled the applicant's unit to the award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign unit award.

7.  Records to show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to show this qualification badge.



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 following to his DD Form 214:

* Two bronze service stars to be affixed to his VSM
* MUC
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal

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 the VCM.



      __________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)                                         AR20110024652





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ABCMR Record of Proceedings (cont)                                         AR20110024652



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