IN THE CASE OF:
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130020139
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 with Device (1960).
2. He states he:
* was boots on the ground in Vietnam and needs to be able to prove it
* He should have been awarded the Republic of Vietnam Campaign Medal with Device (1960)
3. He 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. The applicant enlisted in the Regular Army on 1 July 1963.
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
a. item 31 (Foreign Service) he served in Vietnam from 17 March 1966
to 22 June 1966;
b. item 38 (Record of Assignments), while in Vietnam he was assigned to:
(1) Company A, 25th Aviation Battalion, 25th Infantry Division, from 17 March 1966 to 1 June 1966;
(2) Company B, 25th Aviation Battalion, 25th Infantry Division, from 2 June to 22 June 1966.
c. item 41 (Awards and Decorations) the National Defense Service Medal and the Vietnam Service Medal.
4. On 23 June 1966, he was honorably released from active duty after serving 2 years, 11 months, and 23 days of total active service. His DD Form 214 shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.
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.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant served in Vietnam from 17 March to 22 June 1966, a period of 2 months. However, in order to be eligible for award of the Republic of Vietnam Campaign Medal with Device (1960) he would have had to have been assigned to Vietnam for at least 6 months. Therefore, there is no basis for granting the applicant's 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) AR20130020139
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130020139
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110009590
At the time of the applicant's service, the Aviation Badge was called the Aircraft Crewman Badge and would not have been abbreviated as shown on his DD Form 214. NPRC improperly changed the applicant's Army Aviator Badge ["ArAvBad" as shown on his DD Form 214] to the Aviation Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding the 28 January 2004 DD Form 215; b. deleting the entire award entries from item...
ARMY | BCMR | CY2009 | 20090001495
Therefore, it would be appropriate at this time to correct his DD Form 214 to show award of the Silver Star and the Army Commendation Medal. The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars to be affixed to his already awarded-Vietnam Service Medal. As a result, the Board recommends that the applicant's DD Form 214 be corrected by showing the award of the Silver Star, the Army...
ARMY | BCMR | CY2010 | 20100021156
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as specialist five (SP5) and to show the awards of the Army Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), Air Medal (14th Oak Leaf Cluster), and any medals awarded to...
ARMY | BCMR | CY2011 | 20110001230
Furthermore, the evidence of record shows the applicant was awarded the Air Medal (9th OLC) with "V" Device for heroism which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. The evidence of record shows the applicant served in Korea from 19 August 1962 to 20 July 1963. By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show one...
ARMY | BCMR | CY2011 | 20110003449
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 Bronze Star Medal. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2014 | 20140007327
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period of service qualifies him for award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show it. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the...
ARMY | BCMR | CY2004 | 2004102118C070208
There are no additional orders in the applicant's service personnel records to show that he was awarded additional awards of the Air Medal. This regulation states that a soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited. As a result,...
ARMY | BCMR | CY2011 | 20110011111
Therefore, it would be appropriate to correct his records to show this unit award. The evidence of record shows that the applicant's 3 September 1973 and 28 February 1989 DD Forms 214 do not show all of his awards and decorations as of those dates of separation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his 3 September 1973 DD Form 214 the: * Air Medal * Army Commendation Medal *...
ARMY | BCMR | CY2012 | 20120004545
The applicant provides his DD Form 214. He served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960), which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 24 of his DD Form 214 to delete the VSM and one overseas service bar; and b. amending...
ARMY | BCMR | CY2013 | 20130000666
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. Headquarters, 1st Aviation Brigade, published the following GO: * GO Number 1680, dated 5 May 1967, awarding him the Air Medal (1st through 6th Oak Leaf Cluster (OLC)) for meritorious achievement from 15 December 1966 to 22February 1967 * GO...