IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20120000203
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all awards issued during his time in the Republic of Vietnam (RVN).
2. The applicant states his DD Form 214 is missing a Drivers Badge, Vietnam Service Medal, and all other awards issued during the period he was in RVN.
3. The applicant provides a copy of his DD Form 214 and Drivers Badge orders.
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 was inducted into the Army of the United States on 15 February 1966. He was trained in and awarded military occupational specialty (MOS) 64A (Light Vehicle Driver), and was promoted to Specialist Four/E-4.
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 23 September 1966 through 11 August 1967. Item 38 (Record of Assignments) shows he was assigned to the 88th Transportation Company.
4. Item 41 (Awards and Decorations) of the DA Form 20 shows he earned the following awards:
* Vietnam Service Medal (VSM)
* National Defense Service Medal (NDSM)
* Vietnam Campaign Medal (RVNCM)
5. On 14 February 1968, the applicant was honorably released from active duty in the rank of SPC/E-4, after completing 2 years of active military service.
6. The applicants DD Form 214 shows he earned the following awards:
* Army Good Conduct Medal
* NDSM
* Marksman Marksmanship Qualification Badge with Rifle Bar
7. The applicant provides Special Orders Number 177, dated 6 July 1967 awarding him the Drivers Badge.
8. A review of his service record indicates his entitlement to additional awards which are not reflected on his records and/or DD Form 214.
9. 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 RVN during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in RVN for 6 months or more.
10. Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in RVN 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.
11. Army Regulation 600-8-22 states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Table B-1 contains a list of campaigns and shows that during the applicants tenure of assignment in the RVN, participation credit was granted for the following two campaigns for the periods indicated:
* Vietnam Counteroffensive Phase II (1 July 1966 through 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 through 29 January 1968)
12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order Number 31, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for his DD Form 214 to be corrected to show all awards issued during his time in the RVN has been carefully considered and found to have merit.
2. Special Orders Number 177 awarded him the Drivers Badge; therefore, he is entitled to have this badge added to his DD Form 214.
3. The entries in item 41 of his DA Form 20 are considered sufficient evidence that he served a qualifying period of service for award of the Vietnam Service Medal with two bronze stars and the Republic of Vietnam Campaign Medal with Device (1960). Therefore, he is entitled to correction of his DD Form 214 to show these medals.
4. During his assignment in Vietnam, general orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.
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 Vietnam Campaign Medal Device (1960), Vietnam Service Medal with 2 bronze service stars, the Drivers Badge, and the RVN 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.
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