BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120010229
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 National Defense Service Medal and Republic of Vietnam Campaign Medal with Device (1960).
2. The applicant states his awards data on his DD Form 214 is incorrect.
3. The applicant provides:
* DD Form 214
* PC Form 100 (Foreign Travel Itinerary)
* page 2 of his DA Form 20 (Enlisted Qualification Record)
* orders for award of the Army Good Conduct Medal (1st Award)
* DA Form 2139 (Military Pay Voucher) for the period 1-12 January 1966
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. He was inducted into the Army of the United States on 16 January 1964. He completed basic combat and advanced individual training and was awarded military occupational specialty 64B (Heavy Vehicle Driver).
3. He was assigned in the Republic of Vietnam from 26 May 1965 to 10 January 1966, a period of 7 months and 27 days. He was assigned to the 19th Quartermaster Company from 7 April 1965 to 7 January 1966.
4. On 12 January 1966, he was released from active duty. He completed 1 year, 11 months, and 27 days of active service that was characterized as honorable. His DD Form 214 shows he was awarded or authorized the:
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Army Good Conduct Medal (1st Award)
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The National Defense Service Medal was awarded for honorable active service for any period from 1 January 1961 through 14 August 1974.
b. Based on his dates of service in Vietnam, table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows participation credit was awarded for the following campaigns:
* Vietnam Defense Campaign (8 March 1965-24 December 1965)
* Vietnam Counteroffensive (25 December 1965-30 June 1966)
c. The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1. Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.
d. 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.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This document shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. He is authorized the National Defense Service Medal based on his honorable service during the period 16 January 1964 through 12 January 1966.
2. Based on his service in the Republic of Vietnam, he is authorized the:
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
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 as follows:
a. deleting award of the Vietnam Service Medal and
b. adding the following awards:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
*
Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam 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) AR20120010229
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120010229
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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