BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20140001184
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Republic of Vietnam (RVN) Campaign Medal with Device (1960).
2. He states he served in the RVN for approximately 11 months during 1969, and he believes that he is authorized this award.
3. He provides his DD Form 214, effective 23 January 1970, and his DA Form
20 (Enlisted Qualification Record).
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. He was inducted into the Army of the United States on 9 May 1968 and he was awarded military occupational specialty 67N (UH-1 Helicopter Repairman) upon completion of initial entry training.
3. The applicant served in the RVN from 28 January 1969 to 19 January 1970 and he was assigned to the following units:
* 178th Aviation Company from 28 January - 11 February 1969
* Company A, 123rd Aviation Battalion from 12 February 1969 - 19 January 1970
4. On 23 January 1970, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Air Medal
* Army Commendation Medal
* two Overseas Service Bars
5. Army Regulation 600-8-22 (Military Awards) states:
a. The Vietnam Service Medal 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. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. During the applicant's tour in Vietnam, he participated in the following four campaigns:
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
b. 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.
6. 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 the 123rd Aviation Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 by Department of the Army General Order Number 42, dated 1972.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows he was awarded the Vietnam Service Medal. He participated in four campaigns. Therefore, he is authorized four bronze service stars to be worn on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
2. He also served a period of qualifying service for award of the RVN Campaign Medal with Device (1960). Further, his unit in RVN was cited for award of the RVN Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show these unit awards.
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 from his DD Form 214 the Vietnam Service Medal and
.b. adding to his DD Form 214 the following:
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* 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) AR20140001184
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ABCMR Record of Proceedings (cont) AR20140001184
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