BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130016619


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 he was awarded or authorized the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states he earned this award for his service in the Republic of Vietnam from January through December 1966.

3.  The applicant 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 11 March 1965, the applicant was inducted into the Army of the United States.  He completed his initial entry training and was awarded military occupational specialty 64A (Light Vehicle Driver).  

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 7 January to on or about 19 December 1966.  During this period of service, he was assigned to the 515th Transportation Company (Light Truck), a subordinate unit of Headquarters, U.S. Army, Vietnam.

4.  On 19 December 1966, he was honorably released from active duty as an overseas returnee and was transferred to the U.S. Army Reserve (USAR).  His DD Form 214 shows the following entries:

   a. Item 24a.(3) (Statement of Service – Creditable for Basic Pay Purposes – Total) he completed 1 year, 9 months, and 9 days of total active service.

   b. Item 24c. (Statement of Service – Foreign and/or Sea Service) he completed 11 months and 13 days of foreign service in the U.S. Army Pacific (USARPAC) Theater of operations.  

   c. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

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

   a. 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.

   b. The Vietnam Service Medal 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 included attachment to or assignment for 1 or more days with an organization participating in or directly supporting combat operations in Vietnam.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B, Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) shows that during his service in the Vietnam, he participated in the following two campaigns:

* Vietnam Counteroffensive (25 December 1965 – 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July  1966 – 31 May 1967)

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units the served in the Republic of Vietnam.  This pamphlet shows the unit to which the applicant was assigned, the 515th Transportation Company, was cited for the following awards during the period in which he was assigned:

* Meritorious Unit Commendation, for the period 21 September 1965 through 1 May 1966, by Department of the Army General Orders Number 1, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the Republic of Vietnam from on or about 7 January to 19 December 1966, a period of qualifying service for the Republic of Vietnam Campaign Medal with Device (1960).  This medal is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.

2.  He participated in two campaigns during his period of service in the Republic of Vietnam.  His DD Form 214 shows he was awarded the Vietnam Service Medal; however, it does not show the 2 bronze service stars he is entitled to affix to his Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with two bronze service stars.

3.  General orders awarded his unit in the Republic of Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit.  These unit awards are not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show them.





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 amending his DD Form 214 to delete the Vietnam Service Medal and add the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* 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)                                         AR20100027638



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ABCMR Record of Proceedings (cont)                                         AR20130016619



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