BOARD DATE: 25 June 2013
DOCKET NUMBER: AR20120022229
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 all his awards and decorations.
2. The applicant states he needs a complete DD Form 214.
3. The applicant 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's service record is not available for review with this case. However, his available record contains a DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he enlisted in the Regular Army on 29 April 1970 for 3 years. At the time of his separation, he held military occupational specialty 11B (Light Weapons Infantryman) and he was assigned to Headquarters and Headquarters Company, 1st Battalion, 10th Infantry, Fort Carson, CO.
4. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 28 January 1972 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligations.
5. His DD Form 214 shows he completed 1 year and 9 months of creditable active service, of which 1 year was foreign service in Vietnam from 21 September 1970 to 20 September 1971. This form also shows he was awarded or authorized the National Defense Service Medal.
6. Army Regulation 600-8-22 (Military Awards) provides for the following awards:
a. 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.
b. Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) and Consolidation I (1 July - 30 November 1971) campaigns. The regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
c. The Vietnam Campaign Medal (correctly known as 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.
7. Department of the Army General Orders Number 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
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973
DISCUSSION AND CONCLUSIONS:
1. Although his service record is not available for review with this case, his DD Form 214 shows he completed 1 year of foreign service in Vietnam:
a. Based on his service in Vietnam he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.
b. Also based on his Vietnam service he is entitled to award of the Vietnam Service Medal. He also participated in two campaigns during this period of service. Therefore, he is entitled to two bronze service stars to be worn with the Vietnam Service Medal and correction of his DD Form 214 to show this award.
2. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show this award.
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 to his DD Form 214 the Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with two bronze service stars, and 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) AR20120022229
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ABCMR Record of Proceedings (cont) AR20120022229
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