IN THE CASE OF:
BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130013927
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 Campaign Medal.
2. The applicant states he served in Vietnam and the company clerk made an error by omitting his award of the Republic of Vietnam Campaign Medal from his DD Form 214.
3. The applicant provides a copy of 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. The applicant was inducted into the Army of the United States on 27 April 1964. He completed basic training and advanced individual training as a communications center specialist.
3. On 19 May 1965, he was transferred to Fort Lewis, Washington, for assignment to the 41st Signal Battalion. On 7 June 1965, he transferred to Vietnam with his unit.
4. He served in two campaigns and departed Vietnam on 20 April 1966. He was transferred to Oakland Army Base, California, where he was honorably released from active duty that date as an overseas returnee. He completed 1 year, 11 months, and 24 days of active service of which 10 months and 14 days were served in Vietnam. His DD Form 214 shows he was awarded or authorized the Army Good Conduct Medal, Vietnam Service Medal, and his marksmanship qualification badges.
5. Army Regulation 600-8-22 (Military Awards) states 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.
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 41st Signal Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.
7. Army Regulation 600-8-22 states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, which is the Vietnam Service Medal in this case.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960). Accordingly, it should be added to his DD Form 214.
2. The applicant participated in two campaigns and is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.
3. Additionally, his unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
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:
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* 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) AR20130013927
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ABCMR Record of Proceedings (cont) AR20130013927
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