IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120003889
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 his entitlement to the Vietnam Service Medal and any other awards which he may be authorized.
2. He states he was told the company he was assigned to, the 85th Ordnance Company (Direct Support), received the Presidential Unit Citation for work they did with the 1st Division.
3. He provides:
* DD Form 214
* page 2 of his DA Form 66 (Officer Qualification Record)
* Department of Veterans Affairs (VA) Rating Decision
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 commissioned as an officer in the U.S. Army Reserve 31 May 1964 and ordered to active duty on 12 June 1964.
3. His DA Form 66 shows in:
a. item 17 (Foreign Service) that he served in Vietnam from 13 August 1965 to 4 June 1966 and
b. item 18 (Record of Assignments) that he served in Vietnam with the 85th Ordnance Company from 31 August 1965 to 1 June 1966.
4. He was honorably released from active duty on 6 June 1966 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation. His DD Form 214 does not list any awards.
5. He submitted his VA rating decision, dated 20 April 2005, which shows he is a Vietnam veteran.
6. There is no evidence nor did he submit any evidence that shows the 85th Ordnance Company was awarded the Presidential Unit Citation.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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.
b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam participation credit was awarded for the following campaigns:
* Vietnam Defense Campaign (8 March to 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 to 30 June 1966)
c. 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.
d. 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.
8. Department of the Army General Orders Number 8, dated 1974, awarded 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 evidence of record shows he was eligible for award of the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960). Therefore, his DD Form 214 should be corrected to show these awards.
2. The applicant participated in two campaigns during his service in Vietnam. Therefore, he is authorized two bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these service stars.
3. Department of the Army general orders show the unit the applicant was assigned to in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show this award.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and 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) AR20120003889
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ABCMR Record of Proceedings (cont) AR20120003889
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