BOARD DATE:	  22 May 2014

		DOCKET NUMBER:  AR20130016352 


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, in effect, 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 with Device (1960).

2.  The applicant states he never received his "Vietnam Medal Certificate" and he cannot get a Department of Veterans Affairs identification number without the award being recorded on 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 enlisted in the Regular Army on 23 May 1963 for a period of 3 years.  He completed basic training at Fort Gordon, Georgia, and advanced individual training as a construction equipment operator at Fort Leonard Wood, Missouri, before being transferred to Fort Dix, New Jersey, for his first duty assignment with the 584th Engineer Company.

3.  On 13 May 1965, he was transferred to Vietnam with his unit.  He participated in two campaigns.  He remained in Vietnam until 26 April 1966 when he was transferred to Oakland Army Base, California, and was honorably released from active duty on 30 April 1966 as an overseas returnee.  He completed 2 years, 11 months, and 8 days of active service.  His DD Form 214 shows he was awarded the Vietnam Service Medal, Wheeled Vehicle Driver's Badge, and Army Good Conduct Medal.

4.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  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.

	c.  A bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, including the Vietnam Service Medal.

5.  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 his unit was cited for award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

7.  Army Regulation 635-5, in effect at the time, did not provide for entering Vietnam service on the DD Form 214; however, subsequent versions of this regulation stated to show service in Vietnam in the remarks block (e.g., "Service in Vietnam:  25 Apr 70-28 May 71").

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during qualifying periods for award of the National Defense Service Medal and Republic of Vietnam Campaign Medal with Device (1960).  Accordingly, they should be added to his DD Form 214 at this time.

2.  The applicant participated in two campaigns and is authorized two bronze service stars for his already-awarded Vietnam Service Medal.

3.  Additionally, his unit in Vietnam was cited for award of the Meritorious Unit Commendation and 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.

4.  The applicant served in Vietnam from 13 May 1965 to 26 April 1966.  Although not required at the time, it would be appropriate to add the entry "Service in Vietnam:  13 May 65-26 Apr 66" to the remarks block of his DD Form 214.

5.  The "Vietnam Medal Certificate" is not listed in Army Regulation 600-8-22 as an authorized award for entry on the DD Form 214 and therefore cannot be added.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  __X______  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 –

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding the entry "Service in Vietnam:  13 May 65-26 Apr 66" to the remarks block of his DD Form 214

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the "Vietnam Medal Certificate" to his DD Form 214.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20130016352



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ABCMR Record of Proceedings (cont)                                         AR20130016352



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