IN THE CASE OF:
BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120010440
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 he should have received the RVN Campaign Medal based on his service in the RVN.
3. The applicant provides copies of his DD Form 214 and DD Form 215 (Correction to 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 enlisted in the Regular Army on 2 February 1961. He was trained in and awarded military occupational specialty (MOS) 716.17 (Company Clerk). On 21 August 1963, he attained the grade of specialist five (SP5)/E-5, the highest grade he held and served in on active duty.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 2 November 1962 to 10 November 1963. His DA Form 24 (Service Record) shows that during his RVN service, he was assigned to Headquarters Detachment, 5th Special Forces Group, performing duties in MOS 716.17 as a personnel specialist.
4. On 12 November 1963, the applicant was honorably released from active duty in the rank of SP5/E-5 after completing 2 years, 9 months, and 11 days of active military service. The DD Form 214 he was issued at the time, as amended by a DD Form 215 (Correction to DD Form 214) issued on 28 August 2009, shows he was awarded the following:
* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* Combat Infantryman Badge
* Army Commendation Medal
* Army Good Conduct Medal
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.
a. Paragraph 2-13 contains guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.
b. Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Vietnam Advisory Campaign (15 March 1962-7 March 1965).
c. Paragraph 9-13 contains guidance on the RVN Campaign Medal. It states it may be awarded for 6 months of service in the RVN completed between 1 March 1961 and 28 March 1973, inclusive. It further states the award is issued and worn with the Device (1960).
6. 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 applicant's request to add the RVN Campaign Medal to his DD Form 214 has been carefully considered and found to have merit.
2. By regulation, the RVN Campaign Medal with Device (1960) is authorized to members who completed 6 months of service in the RVN during the period between 1 March 1961 and 28 March 1973. Therefore, since the applicant completed a year of service in the RVN during the qualifying period, it would be appropriate to add this award to his DD Form 214.
3. Based on his service in the RVN, he is also authorized the RVN Gallantry Cross with Palm Unit Citation and one bronze service star with his VSM. Therefore, it would also be appropriate to add these awards to his DD Form 214.
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 by adding award of the RVN Campaign Medal with
Device (1960), RVN Gallantry Cross with Palm Unit Citation, and one bronze service star for wear with his already-awarded VSM.
____________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) AR20120010440
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ABCMR Record of Proceedings (cont) AR20120010440
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