IN THE CASE OF:
BOARD DATE: 4 February 2014
DOCKET NUMBER: AR20130009192
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 her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show her service in the Vietnam and to add her Bronze Star Medal.
2. The applicant states an error was made when her Vietnam service and Bronze Star Medal were omitted from her DD Form 214.
3. The applicant provides:
* DD Form 214 effective 22 May 1968
* Bronze Star Medal Citation
* transmittal of award endorsement, dated 5 May 1968
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 11 May 1966, the applicant executed an oath of office as a Reserve commissioned officer in the rank of first lieutenant. She was ordered to active duty effective 21 May 1966. She arrived in Vietnam on 17 May 1967 and was assigned to the 85th Evacuation Hospital (Semi-mobile) as an operating room nurse.
3. The applicant participated in the following four campaigns:
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
4. Headquarters, 4th Medical Brigade, General Orders Number 405, dated 25 April 1968, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam (RVN) from 26 May 1967 to 13 May 1968.
5. The applicant departed Vietnam en route to the United States on 16 May 1968. She was honorably discharged on 21 May 1968. Her DD Form 214 shows she was awarded or authorized the National Defense Service Medal and Vietnam Service Medal.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. A bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.
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 the RVN 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 Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN. This pamphlet shows the unit to which the applicant was assigned was awarded the Meritorious Unit Commendation for the period 1 May 1967 to 31 July 1968 by Department of the Army General Orders Number 51, dated 1971.
8. 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 (USARV), and its subordinate units during the period 20 July 1965 to 28 March 1973.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, provided for the entry "USARV" in item 22c (Foreign and/or Sea Service). It was also common at that time to show the dates of service in the RVN in item 30 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and her supporting evidence has been considered.
2. The applicant's records show she arrived in Vietnam on 17 May 1967 and departed on 16 May 1968. Accordingly, it would be appropriate to specify this service in item 22c of her DD Form 214.
3. The available records show General Orders Number 405 awarded her the Bronze Star Medal. This award should be added to her DD Form 214. She is also authorized the following awards which should be added to her DD Form 214:
* RVN Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* four bronze service stars with her already-awarded Vietnam Service 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. adding the following awards to her DD Form 214:
* Bronze Star Medal
* RVN Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* four bronze service stars with her already-awarded Vietnam Service Medal
b. adding "USARV" to item 22c of her DD Form 214, and
c. adding the following entry to item 30 of her DD Form 214: "SERVICE IN VIETNAM 17 MAY 67-16 MAY 68."
____________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) AR20130009192
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ABCMR Record of Proceedings (cont) AR20130009192
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