IN THE CASE OF:
BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130006111
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Republic of Vietnam (RVN) Campaign Medal with Device (1960).
2. The applicant states he served in the RVN from 1965 to 1966 and he received the Vietnam Service Medal. He contends that both awards must be listed on his DD Form 214 in order for him to receive veteran's benefits.
3. The applicant provides his DD Form 214, effective 14 April 1967.
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 10 July 1964 and he was awarded military occupational specialty 95B (Military Policeman) upon completion of initial entry training.
3. He served in the RVN from 13 August 1965 to 13 July 1966 and he was assigned to the following units:
* 72nd Military Police Detachment from 13 August 1965 - 16 January 1966
* 212th Military Police Company from 17 January - 12 July 1966
4. On 14 April 1967, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized:
* Vietnam Service Medal
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars
* one Overseas Service Bar
5. Army Regulation 600-8-22 (Military Awards) states:
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. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B of this regulation shows the campaigns for Vietnam. During the applicant's tour in Vietnam, he participated in three campaigns:
* Vietnamese Defense (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)
b. The RVN 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.
6. Department of the Army General Orders Number 8, dated 1974, announced award of the RVN 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. Army Regulation 670-1 (Uniforms and Insignia) states that for Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his DD Form 214 be corrected to show the Republic of Vietnam Campaign Medal with Device (1960).
2. The available evidence shows he was previously-awarded the Vietnam Service Medal. Additionally, he participated in three campaigns during his service in the RVN. Therefore, he is authorized three bronze service stars to be worn on his previously-awarded Vietnam Service Medal and correction of his
DD Form 214 to show this award.
3. He also served a period of qualifying service for award of the RVN Campaign Medal with Device (1960). Further, all units that served in the RVN were awarded the RVN Gallantry Cross with Palm Unit Citation. These unit awards should be added to his DD Form 214.
4. He served a qualifying period of service for entitlement to two overseas service bars for his service in the Republic of Vietnam from 5 August 1965 to
31 July 1966. Therefore, he is entitled to correction of his DD Form 214 to show one additional overseas service bars for his service in Vietnam.
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 deleting the Overseas Service Bar from his DD Form 214 and adding the following:
* three bronze service stars for wear on his previously-awarded Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two Overseas Service Bars
_______ _ 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) AR20130006111
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ABCMR Record of Proceedings (cont) AR20130006111
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