IN THE CASE OF:
BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140001343
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) for the period ending 28 October 1968 to show his Vietnam service and award of the:
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
2. The applicant states his Vietnam service dates and associated medals are missing from his DD Form 214. He needs his DD Form 214 corrected for registration at the Department of Veterans Affairs hospital.
3. The applicant provides no additional evidence.
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 was inducted into the Army of the United States on 11 May 1966. On 16 May 1966, he was honorably discharged for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 17 May 1966.
3. He was assigned to the 570th Supply Company in Vietnam during the period 31 August 1967 through on or about 25 October 1968. During his service in Vietnam, participation credit was awarded for three campaigns.
4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the:
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
5. On 28 October 1968, he was discharged under honorable conditions. His DD Form 214 for the period ending 28 October 1968 shows he was awarded or authorized the National Defense Service Medal. He completed 2 years, 3 months, and 1 day of total active service. Item 30 (Remarks) shows he accrued 78 days of lost time. Item 30 does not show his service in Vietnam.
6. Department of the Army General Orders Number 8, dated 1974, awarded 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.
7. Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.
DISCUSSION AND CONCLUSIONS:
1. The applicant served a qualifying period for award of the Vietnam Service Medal and he participated in three campaigns. Therefore, his DD Form 214 for the period ending 28 October 1968 should be corrected to show award of the Vietnam Service Medal with three bronze service stars.
2. In addition to the National Defense Service Medal and Vietnam Service Medal, his DA Form 20 shows he was awarded or authorized the Republic of Vietnam Campaign Medal with Device (1960) and Expert Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, his DD Form 214 for the period ending 28 October 1968 should be corrected to show these awards.
3. General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all U.S. Army units serving in Vietnam. Therefore, his DD Form 214 for the period ending 28 October 1968 should be corrected to show this unit award.
4. He served in Vietnam from 31 August 1967 to 25 October 1968. The remarks block of his DD Form 214 does not show his dates of service in Vietnam. Therefore, his DD Form 214 should be corrected to show these dates of service.
BOARD VOTE:
___X____ ____X___ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 28 October 1968 by:
* adding the following awards
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* adding the entry "VIETNAM SERVICE FROM 31 AUGUST 1967 TO 25 OCTOBER 1968" to item 30
_______ _ 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) AR20140001021
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140001343
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