BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120007900
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 medals for his service in Vietnam.
2. He states his Vietnam medals are not listed on his DD Form 214. He states he was in Vietnam for 5 months before he was sent home and discharged.
3. He 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 17 July 1969. At the completion of basic combat and advanced individual training, he was awarded military occupational specialty 64A (Light Vehicle Truck Driver).
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 64th Transportation Company from 11 December 1969 to 17 March 1970 in the Republic of Vietnam (RVN). He was reassigned to the 359th Transportation Company in the RVN on 18 March 1970.
4. On 23 June 1970, he was released from active duty on temporary records, his DA Form 20, and his affidavit. He completed 11 months and 6 days of active military service.
5. His DD Form 214 shows in:
a. item 22c (Foreign and/or Sea Service) that he completed 3 months and 11 days of foreign service under U.S. Army Vietnam;
b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded or authorized the National Defense Service Medal and Marksman Marksmanship Qualification Badge; and
c. item 30 (Remarks) that he served in Vietnam from 7 December 1969 to 18 March 1970.
6. Army Regulation 600-8-22 (Military Awards) states 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. The regulation 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, campaign participation credit was awarded for the Winter-Spring 1970 campaign.
7. Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded 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.
8. 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 Meritorious Unit Commendation for the period 1 April 1969 to 31 March 1970 by DAGO Number 51, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he served in Vietnam from 7 December 1969 to 18 March 1970. He served a period of qualifying service for award of the Vietnam Service Medal with one bronze service star. Therefore, this medal should be added to his DD Form 214.
2. The RVN Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. Therefore, his DD Form 214 should be amended to show the RVN Gallantry Cross with Palm Unit Citation.
3. His unit in Vietnam was cited for award of the Meritorious Unit Commendation while he was assigned to the unit. Therefore, his DD Form 214 should be corrected 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 the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by adding award of the
Vietnam Service Medal with one bronze service star, Meritorious Unit Commendation, and RVN Gallantry Cross with Palm Unit Citation.
__________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) AR20120007900
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ABCMR Record of Proceedings (cont) AR20120007900
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