IN THE CASE OF:
BOARD DATE: 6 August 2013
DOCKET NUMBER: AR20120021190
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 that his award of the Vietnam Service Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that an administrative error occurred at the time of separation, which resulted in the omission of his award of the Vietnam Service Medal from his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a copy of his DA Form 20 (Enlisted Qualification Record).
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 9 June 1969 for a period of 3 years. He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a cook at Fort Lee, Virginia before being transferred to Fort Polk, Louisiana for his first duty assignment.
3. On 26 October 1970, he was transferred to Vietnam for assignment to Headquarters and Headquarters Battery, 3rd Battalion, 82nd Artillery Regiment for duty as a cook.
4. After serving in three campaigns, he was transferred to the medical holding company at Fort Dix, New Jersey on 11 December 1971.
5. On 15 December 1971, he was honorably released from active duty (REFRAD) due to early separation of overseas returnee. He had served 2 years, 6 months, and 7 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal.
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. Qualifying service also included temporary duty for 30 consecutive days or
60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.
7. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) is 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.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in three campaigns during a qualifying period for award of the Vietnam Service Medal with three bronze service stars and is entitled to have that award added to his DD Form 214.
2. He also served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to have that award added to his DD Form 214 as well.
3. Additionally, the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and he is entitled to have that award added 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 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 awards of the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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) AR20120021190
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ABCMR Record of Proceedings (cont) AR20120021190
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