IN THE CASE OF:	  

		BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130022346 


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 list the National Defense Service Medal and all of the awards he is eligible to receive for his Vietnam service.

2.  The applicant states:

   a.  The Parachutist Badge, Expert Infantryman Badge, and Combat Infantryman Badge are the only awards listed on his DD Form 214.  He served as a commissioned officer in the Regular Army (RA) from 11 January 1963 through 10 January 1966.  He was initially assigned to Headquarters Company, 2nd Battalion, 9th Infantry, 2nd Infantry Division.  On 30 June 1965, he was reassigned to Headquarters and Headquarter Company (HHC), 2nd Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile).

   b.  He deployed to Vietnam with the 1st Cavalry Division and served there for 5 months and 20 days until he came down with malaria.  The Morning Report, dated 21 October 1965, shows he was transferred out of his unit in a "sick" status.  He was medically evacuated from the Philippines to Walter Reed Army Medical Center (WRAMC) within 10 days.  He was discharged from there.  

3.  The applicant provides copies of the following:

* Special Orders (SO) Number 140
* DA Form 1 (Morning Report)
* SO Number 116 (front page)
* DD Form 214 (2 copies)

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant's complete military records are not available to the Board for review.  However, there was sufficient documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  He provided copies of the following:

* DD Form 214 which shows he was commissioned in the RA on 11 January 1963 and he served as a parachutist  
* SO Number 140, issued by Headquarters, 2nd Infantry Division, dated 30 June 1965, reassigning him to Headquarters Company, 2nd Battalion, 7th Cavalry, 1st Cavalry Division, on 1 July 1965
* DA Form 1, dated 21 October 1965, assigning him to the XXth Evacuation Hospital
* SO Number 116 (front page), issued by Headquarters, 1st Cavalry Division (Airmobile), dated 25 October 1965, awarding him the Combat Infantryman Badge

4.  He was honorably discharged from active duty on 10 January 1966, by reason of resignation at WRAMC.  His DD Form 214 lists in:

* Item 12 (Last Duty Assignment and Major Command) - HHC, 2nd Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), APO 96490, San Francisco, CA
* Item 24c (Foreign and/or Sea Service) - 5 months and 20 days
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - Parachutist Badge, Expert Infantryman Badge, and Combat Infantryman Badge

5.  Army Regulation 600-8-22 (Military Awards) states the:

   a.  National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. 

   b.  Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.

   c.  Republic of Vietnam Campaign Medal is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who have served in Vietnam for a period of 6 months.

6.  Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated that foreign service performed during the period covered by the DD Form 214 would be entered in item 24c.  

7.  Historical data shows the 1st Cavalry Division (Airmobile) fought in Vietnam from 1965 through September 1972.

8.  Department of the Army (DA) Pamphlet 672–3 (Decorations, Awards, and Honors Unit Citation and Campaign Participation Credit Register) shows DA General Order Number 8, dated in 1974, authorized award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant completed a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The available evidence also confirms he was assigned to the 1st Cavalry Division (Airmobile) on 1 July 1965.  He was awarded the Combat Infantryman Badge and was medically evacuated from that unit on 21 October 1965.  Historical data shows that unit served in Vietnam from 1965 through September 1972.  Notwithstanding the absence of his arrival date in Vietnam there is sufficient evidence showing he served a qualifying period of service for award of the Vietnam Service Medal with one bronze service star.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with one bronze service star.

3.  Orders authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 adding to the applicant's DD Form 214 the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and 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)                                         AR20130022346



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ABCMR Record of Proceedings (cont)                                         AR20130022346



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