IN THE CASE OF:	  

		BOARD DATE:	 20 August 2013 

		DOCKET NUMBER:  AR20130000531 


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 the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states he served in Vietnam from December 1965 to November 1966 and did not receive the Republic of Vietnam Campaign Medal with Device (1960).  He needs this reflected in his records to upgrade his eligibility for Department of Veterans Affairs (VA) medical care.

3.  The applicant provides his DD Form 214 and a letter from the VA, dated
24 December 2012.

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.  On 5 May 1964, he enlisted in the Regular Army for a period of 3 years.  He was awarded military occupational specialty 05B (Radio Operator) and he was advanced to the rank/grade of specialist four (SP4)/E-4.

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  Item 31 (Foreign Service) he was credited with service in Vietnam from 10 December 1965 to 9 December 1966.

	b.  Item 38 (Record of Assignments) he performed duties in Vietnam as a light vehicle driver and radio operator from 29 December 1965 through 18 November 1966 while assigned to Headquarters Company, 39th Engineer Battalion.

4.  On 4 May 1967, he was honorably discharged at the expiration of his term of service.  He completed 3 years of total active service.  The DD Form 214 he was issued at the time shows he was authorized or awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Good Conduct Medal (1st Award)
* Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Defense Campaign (8 March-24 December 1965)


* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)

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 pamphlet shows the 39th Engineer Battalion was cited for award of the Meritorious Unit Commendation for the period 1 January 1966 through 20 January 1968 by Department of the Army General Orders (DAGO) Number 39, dated 1970.

7.  This pamphlet further states in paragraph 6d that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 served in Vietnam during a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

2.  He participated in three campaigns that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  His unit in Vietnam was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  All units were cited for award of the Republic of Vietnam Galantry Cross with Palm Unit citation during his period of assignment.  Therefore, his DD Form 214 shoujld be corrected to show this unit award.

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 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:

	a.  deleting from his DD form 214 the Vietnam Service Medal and

	b.  adding to his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* 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)                                         AR20130000531



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130000531



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1