IN THE CASE OF:
BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130009628
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 Vietnam Service Medal (VSM) and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.
2. He states he was issued a DD Form 215 (Correction to DD Form 214) reflecting his temporary duty (TDY) service in Vietnam. He was told he may be entitled to award of the VSM and RVN Gallantry Cross with Palm Unit Citation, and he would like to have those awards added to his record.
3. He provides:
* DD Form 214
* DD Form 215
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings for Docket Number AR20080003630, dated 17 September 2008
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 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 7 October 1968, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 73C (Pay Disbursement Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to duty with the U.S. Army Finance Service Center, Ryukyu Islands, from 17 April 1969 to 15 August 1971.
4. On 12 June 1970, Headquarters, U.S. Army, Ryukyu Islands, issued Letter Orders Number T-529 directing the applicant to proceed on TDY to Tan Son Nhut Air Force Base, RVN, and Don Maung Air Force Base, Thailand, for a period of approximately 7 days beginning on or about 15 June 1970. The orders do not show that he was to be assigned or attached to another unit during the TDY period. The purpose of the TDY was listed as "classified."
5. On 17 August 1971, he was honorably released from active duty. His DD Form 214 does not show that he was awarded the VSM or RVN Gallantry Cross with Palm Unit Citation.
6. On 17 September 2008, in ABCMR Docket Number AR20080003630, the Board recommended amending the applicant's DD Form 214 by adding the following entry to item 30 (Remarks): "Service in Vietnam from 15 through 21 June 1970."
7. On 7 October 2008, a DD Form 215 was issued adding the entry recommended by the Board.
8. Army Regulation 600-8-22 (Military Awards) states the VSM 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 includes attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Qualifying service also includes temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. The pamphlet does not show an entry for the U.S. Army Finance Service Center, Ryukyu Islands.
10. 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 and 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 available evidence does not support the applicant's request for correction of his DD Form 214 to show the VSM.
a. There is no evidence indicating he was attached or assigned in Vietnam for 1 or more days with an organization participating in or directly supporting military operations. While TDY, he remained assigned to his unit in the Ryukyu Islands, and the purpose of the TDY is not shown in the available records.
b. There is no evidence that he had 30 consecutive or 60 nonconsecutive days of TDY service in Vietnam or contiguous areas or that he participated in actual combat operations.
2. There is no evidence showing his unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation or that he was assigned to a unit that received this award as a subordinate unit of the U.S. Military Assistance Command or U.S. Army Vietnam.
3. In view of the foregoing, there is an insufficient basis upon which to grant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130009628
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ABCMR Record of Proceedings (cont) AR20130009628
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