BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130008977
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 award of the Republic of Vietnam (RVN) Campaign Medal with Device (1960).
2. He states he was discharged before the medal was created and he was not issued the medal. He served in Vietnam in 1964 and 1965.
3. He 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. On 26 February 1964, the applicant enlisted in the Regular Army. After completing initial entry training he was awarded military occupational specialty 71P (Flight Operations).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) Vietnam from 22 October 1964 through 21 October 1965
* item 38 (Record of Assignments) duty in Vietnam with the 120th Aviation Company effective 24 October 1964
* item 41 (Awards and Decorations)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal (VSM)
* Army Commendation Medal (ARCOM)
* Air Medal (AM)
* National Defense Service Medal (NDSM)
* RVN Gallantry Cross with Palm Unit Citation
* Aircraft Crew Member Badge
* Army Good Conduct Medal (AGCM) (1st Award)
4. On 20 February 1967, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the:
* AGCM
* ARCOM
* VSM
* AM
* NDSM
* Aircraft Crew Member Badge
* RVN Gallantry Cross with Palm Unit Citation
5. His records are void of documentation showing he was awarded the RVN Campaign Medal with Device (1960).
6. Army Regulation 600-8-22 (Military Awards) states 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.
7. Army Regulation 600-8-22 also states a bronze service star is worn on the VSM for each credited campaign listed in appendix B. His service in Vietnam coincided with two campaigns: Vietnam Advisory Campaign (15 March 1962-7 March 1965) and Vietnam Defense Campaign (8 March-24 December 1965).
8. 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 120th Aviation Company was cited for award of the Presidential Unit Citation (PUC) for the period 10-13 June 1965 in Department of the Army General Orders Number 43, dated 1966.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed a qualifying period of service in Vietnam for award of the RVN Campaign Medal with Device (1960). Therefore, he is entitled to correction of his DD Form 214 to show this award and issuance of the medal.
2. He was awarded the VSM and he participated in two campaigns. Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his previously-awarded VSM.
3. His records show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, he is entitled to correction of his DD Form 214 to show this badge.
4. He served in the 120th Aviation Company during a period for which the unit was cited for award of the PUC. Therefore, he is entitled to correction of his DD Form 214 to show this unit award and issuance of the medal.
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 is 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. amending his DD Form 214 as follows:
(1) deleting award of the VSM; and
(2) adding the following awards:
* VSM with two bronze service stars
* RVN Campaign Medal with Device (1960)
* PUC
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
b. issuing him the medal set for the RVN Campaign Medal with Device (1960).
__________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) AR20130008977
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ABCMR Record of Proceedings (cont) AR20130008977
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