IN THE CASE OF:
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140001935
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 Republic of Vietnam Campaign Medal with Device (1960) (VCM), Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and bronze service stars for his already-awarded Vietnam Service Medal (VSM).
2. The applicant states he believes he is entitled to the VCM, RVN Gallantry Cross with Palm Unit Citation, bronze service stars for his VSM, and any awards the 18th Quartermaster Platoon may have earned.
3. The applicant provides his DD Form 214.
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 6 November 1964, he was inducted into the Army of the United States. He was awarded military occupational specialty 64B (Heavy Vehicle Driver). The highest rank he held was specialist four/pay grade E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he was credited with service in Vietnam beginning on 6 July 1966
* item 38 (Record of Assignments) he was assigned to the 18th Quartermaster Platoon, performing duties as a heavy vehicle driver during the period 31 July 1966 to 22 October 1966
* item 41 (Awards and Decorations) special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
4. On 27 October 1966, he was honorably released from active duty. He completed 1 year, 11 months, and 22 days of creditable active service with 3 months and 20 days of foreign service. His DD Form 214 shows he was awarded or authorized the:
* Army Good Conduct Medal
* National Defense Service Medal
* VSM
5. Army Regulation 600-8-22 (Military Awards) states the VCM 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. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. The Vietnam campaigns are listed in appendix B. His service in Vietnam coincided with the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) campaign.
7. 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 states in paragraph 6d that Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows he did not complete a qualifying period of service for the VCM. As such, he is not entitled to have the VCM added to his DD Form 214.
2. His DA Form 20 shows he served in Vietnam from July 1966 to October 1966. Headquarters, U.S. Army Vietnam and its subordinate units were authorized the RVN Gallantry Cross with Palm Unit Citation during his period of service. Therefore, his DD Form 214 should be corrected to show this unit award.
3. He was awarded the VSM and evidence shows he participated in one campaign while serving in Vietnam. Therefore, it would be appropriate to show his already-awarded VSM with one bronze service star on his DD Form 214.
4. His record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, he is entitled to have his DD Form 214 corrected to show this qualification badge.
5. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 VSM from his DD Form 214 and
b. adding the following awards to his DD Form 214:
* VSM with one bronze service star
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
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 the VCM to his DD Form 214.
_______ _ 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.
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