IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120013327
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 the Republic of Vietnam Campaign Medal with Device (1960) and any awards to which he may be entitled for his service in Vietnam be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he served in Vietnam from 1963 to 1965.
3. The applicant provides:
* DD Form 214
* Reassignment orders
* Travel orders
* DA Form 2501 (Port Call for Unaccompanied Military Personnel)
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 applicants 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 applicants 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 11 July 1962 for a period of
3 years. He served as an administrative specialist assigned to the 3rd Radio Research Unit (RRU) in Vietnam from 13 July 1963 to 26 November 1964. He was assigned to the 8th RRU in Vietnam from 27 November 1964 to 14 April 1965. On 15 April 1965, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 shows the:
* Armed Forces Expeditionary Medal (AFEM) (for service in Vietnam)
* Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
4. His DD Form 214 shows he served 1 year, 9 months, and 4 days in U. S. Army Pacific (USARPAC).
5. Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 11 July 1963 to 14 April 1965.
6. Department of the Army General Order 8, dated 1974, announced award of 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.
7. Orders, dated 21 May 1965, show he received the Army Commendation Medal for meritorious service during the period July 1963 to November 1964.
8. Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. It states individuals qualified for
the AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, the Vietnam Service Medal may be awarded in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual. No person will be entitled to both awards for Vietnam service.
9. Army Regulation 600-8-22 states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 should be corrected to show this medal.
2. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.
3. Orders show he received the Army Commendation Medal. His DD Form 214 should be corrected to show this medal.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Army Commendation Medal 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) AR20120013327
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ABCMR Record of Proceedings (cont) AR20120013327
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