IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120002449
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 the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960) (also known as the Vietnam Campaign Medal)
2. The applicant states the awards were omitted.
3. The applicant provides 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 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 2 January 1964 and he held military occupational specialty 82C (Artillery Surveyor). He served in Vietnam with C Battery, 2nd Battalion, 13th Artillery, from 10 October to 26 December 1965.
3. He was honorably released from active duty on 27 December 1965. His DD Form 214 shows the:
* Good Conduct Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
4. Army Regulation 600-8-22 (Military Awards) provides for the following awards:
a. 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.
b. The Republic of Vietnam Campaign Medal with Device (1960) (also known as the Vietnam Campaign Medal) 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.
c. 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. It states that 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, he participated in the Vietnam Defense Campaign (8 March - 24 December 1965).
5. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The National Defense Service Medal is authorized from 1 January 1961 and 14 August 1974. He served a qualifying period of service and should be entitled to this award and correction of his DD Form 214 to show it.
2. The applicant was awarded the Vietnam Service Medal. He also participated in one campaign phase during his service in Vietnam. Therefore, he is entitled to a bronze service star to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.
3. All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show this unit award.
4. He served in Vietnam from10 October to 26 December 1965, a period of 2 months and 16 days. A qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960) required completion of 6 months. Regretfully, he does not meet the criteria for this award.
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 to his DD Form 214:
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* A bronze service star to be affixed to his already-awarded Vietnam 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 Vietnam Campaign Medal.
_______ _ _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) AR20120002449
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ABCMR Record of Proceedings (cont) AR20120002449
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