BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120005579
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 award of the Republic of Vietnam (RVN) Campaign Medal with Device (1960).
2. The applicant states, in effect, the RVN Campaign Medal with Device (1960) was omitted from his DD Form 214. The applicant states he needs the award added to his DD Form 214 so he can be tested for Agent Orange.
3. The applicant provides no additional evidence.
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 27 July 1964. He successfully completed training and was awarded military occupational specialty 95B (Military Policeman (MP)).
3. The applicant arrived in the RVN with the 66th MP Company (Guard) on 23 August 1965. On 9 July 1966, he departed the RVN.
4. The applicant was honorably released from active duty on 11 July 1966 after completing 1 year, 11 months, and 15 days of creditable active service with 10 months and 18 days of foreign service.
5. The applicant's DD Form 214 shows he was awarded or authorized the:
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Army Good Conduct Medal
6. Army Regulation 600-8-22 (Military Awards) provides for award of the RVN Campaign Medal with Device (1960). This 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.
7. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal. 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 participation credit was awarded for the following three campaigns:
* Vietnam Defense Campaign (8 March 1965-24 December 1965)
* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
8. Department of the Army General Orders Number 8, dated 1974, announced award of the RVN 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 the applicant served in the RVN with the 66th MP Company (Guard) during the period 23 August 1965 through 9 July 1966. His DD Form 214 should be amended to add this award.
2. All units in Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation. His DD Form 214 should be amended to add this unit award.
3. The applicant's participation in three campaigns entitles him to three bronze service stars for his already-awarded Vietnam Service Medal. Therefore, his DD Form 214 should be amended to add these service stars.
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 amending his DD Form 214 to add award of the:
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* three bronze service stars to his already-awarded Vietnam Service 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) AR20120005579
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ABCMR Record of Proceedings (cont) AR20120005579
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