BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130021768
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 inclusion of the award of a silver service star for wear on his "Vietnam Campaign Medal" and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant states he served in Vietnam during five campaign periods and is entitled to a silver service star for wear on his "Vietnam Campaign Medal." His unit was authorized award of a Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 26 August 1968 through 2 November 1968. He, like many Vietnam veterans, did not pay close attention to their records at the time. He can finally feel proud of his volunteer service and those who served with him. He would like to have his records corrected to allow his children to be proud of his service.
3. The applicant provides no supporting documentation.
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 served on active duty in the Regular Army from 3 October 1967 through 4 September 1970 in military occupational specialty 95B (Military Policeman).
3. He served in Vietnam from 22 July 1968 through 21 February 1970 with Headquarter and Headquarters Company, 1st Infantry Brigade, 5th Infantry Division.
4. His DD Form 214 (Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, Bronze Star Medal, Army Commendation Medal, Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Pistol Bar.
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 that while the applicant was assigned to Headquarters and Headquarters Company, 1st Brigade, 5th Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
6. Army Regulation 600-8-22 (Military Awards) provides the following:
a. The Republic of Vietnam Campaign Medal is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces.
b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace thereover, after 3 July 1965 through 28 March 1973.
c. A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam he participated during the following five campaign periods: the Counteroffensive Phase V, 1 July 1968 - 1 November 1968; the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; the Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969; the Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969; the Vietnam WinterSpring 1970; 1 November 1969 - 30 April 1970.
DISCUSSION AND CONCLUSIONS:
1. The Republic of Vietnam Campaign Medal is a foreign award and as such it cannot be modified to reflect provisions of U.S. military awards. Recognition of campaign periods during Vietnam are authorized to be worn on the Vietnam Service Medal.
2. The applicant served in Vietnam and is authorized to wear a silver service star on his Vietnam Service Medal. It is appropriate to correct his DD Form 214 to reflect this appurtenance.
3. In addition to the awards shown on the DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. It is appropriate to include this award on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X__ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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:
a. deleting the Vietnam Service Medal from his DD Form 214; and
b. adding to the DD Form 214 the Vietnam Service Medal with one silver service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The Board further determined that 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 any additional appurtenance to the Republic of Vietnam Campaign Medal with Device (1960).
_______ _ 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) AR20140005180
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ABCMR Record of Proceedings (cont) AR20130021768
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