IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130017505
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 Joint Service Commendation Medal (JSCM) and unit awards.
2. The applicant states he served in the Republic of Vietnam (RVN) from November 1967 to October 1968. He was assigned to the American Forces Vietnam Network (AFVN), U.S. Military Assistance Command, Vietnam (MACV). The awards he received from his command were omitted from his DD Form 214.
3. The applicant provides:
* DD Form 214
* Joint Service Commendation Medal Certificate
* a letter from Headquarters, U.S. Army Vietnam, dated 30 August 1972
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 29 July 1966. He completed training and was awarded military occupational specialty 71B (Clerk Typist). He was later awarded MOS 71R (Broadcast Specialist).
3. The applicant arrived in the RVN on 5 November 1967.
4. Special Orders Number 327, dated 23 November 1967, published by MACV show the applicant was assigned to AFVN, Detachment 3. The orders show he was transferred from Saigon to Pleiku effective 1 December 1967.
5. General Orders Number 3529, dated 18 October 1968, show he was awarded the JSCM for his meritorious service in a joint command from November
1967 through October 1968.
6. The applicant departed the RVN on 2 November 1968 and was assigned to Fort Irwin, CA. He was honorably released from active duty on 28 July 1969, and he was transferred to the U.S. Army Reserve.
7. His DD Form 214 shows he awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
8. 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 that at the time of the applicant's assignment to the AFVN, Detachment 3, MACV it was cited for award of the Meritorious Unit Commendation during the period 1 February 1967 through 31 December
1969 based on Department of the Army General Orders 5, dated 1973.
9. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam the applicant participated in the following four campaigns:
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
10. Department of the Army General Orders Number 8, 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, MACV and its subordinate units during the period 8 February 1962 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the JSCM for meritorious service during the period November 1967 through October 1968. His DD Form 214 should be amended to add this award.
2. He was assigned to a unit during a period for which the unit was cited for award of the MUC. Therefore, his DD Form 214 should be corrected to show this unit award.
3. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 should be amended to add this award.
4. His participation in four campaigns makes him eligible for four bronze service stars to be worn on his already-awarded Vietnam Service Medal. His DD Form
214 should be amended to show these service stars.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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. Deleting the Vietnam Service Medal from his DD Form 214; and
b. Amending his DD Form 214 to add the:
* Joint Service Commendation Medal
* Meritorious Unit Commendation
* Vietnam Service Medal with four bronze service stars
* RVN 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) AR20130017505
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017505
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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