IN THE CASE OF: 

		BOARD DATE:	    31 July 2014

		DOCKET NUMBER:  AR20130022049 


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 the Vietnam Service Medal (VSM), Republic of Vietnam (RVN) Campaign Medal with Device (1960), and Southwest Asia Service Medal (SWASM).-

2.  He states he served in Vietnam from 1 August 1971 through 2 April 1972.  This service is shown on his DD Form 214, yet the associated awards were not listed.  This oversight denies him the benefits and privileges of an "in country" Vietnam veteran.  

3.  He provides:

* DD Form 214
* three pages from his DA Form 20 (Enlisted Qualification Record)
* correspondence from the National Personnel Records Center
* extracts of Army Regulation 600-8-22 (Military Awards)
* excerpt from a Wikipedia entry regarding the 3rd Squadron, 17th Cavalry

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 26 February 1971, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 55B (Ammunition Specialist), and he was assigned to duty in Vietnam.

3.  His DA Form 20 shows in:

* item 31 (Foreign Service), in part, he was credited with service in Vietnam from 1 August 1971 through 2 April 1972
* item 38 (Record of Assignments), he was assigned to – 

* Headquarters and Headquarters Company, "16 COG," from 14 August to 26 October 1971
* Headquarters and Headquarters Troop, 3rd Squadron, 17th Air Cavalry, from 27 October 1971 to 2 April 1972

* item 41 (Awards and Decorations) – 

* National Defense Service Medal (NDSM)
* VSM (erroneously listed as "USM")
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  On 27 November 1973, he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) to complete his military service obligation.  His DD Form 214 shows he was awarded or authorized the NDSM.

5.  Effective 25 February 1977, he was honorably discharged from the USAR.  His record is void of documentation indicating he served overseas on active duty subsequent to his REFRAD on 27 November 1973.

6.  Army Regulation 600-8-22 states:

	a.  the VSM 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 military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign

	b.  The Vietnam campaigns are listed in appendix B.  During his service in Vietnam, he participated in three campaigns:

* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

	c.  the RVN 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.

   d.  the SWASM is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.

7.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to          28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Based on his service in Vietnam, the applicant is entitled to the VSM with three bronze service stars and the RVN Campaign Medal with Device (1960). Therefore, His DD Form 214 should be corrected to show these awards.

2.  He was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  He is entitled to correction of his DD Form 214 to show this badge.

3.  He served in a unit during a period for which the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  He has requested award of the SWASM; however, there is no evidence of record and he did not provide any evidence showing he served in Southwest Asia, and he was discharged well before the period of eligibility for this award began. Therefore, he is not entitled to correction of his record to show the SWASM.  

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 adding the following awards to his DD Form 214:

* VSM with three bronze service stars
* RVN Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* RVN 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 the SWASM.




      ___________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)                                         AR20130022049





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ABCMR Record of Proceedings (cont)                                         AR20130022049



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