IN THE CASE OF:  

		BOARD DATE:  7 October 2014	  

		DOCKET NUMBER:  AR20140002827 


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 a personal award of the Republic of Vietnam Campaign Medal with Device (1960) and to show he served in Vietnam from 17 September 1962 to 6 September 1963.   

2.  He states he served in Vietnam from 17 September 1962 to 6 September 1963.  There is no record that his service in Vietnam is documented on his DD Form 214.

3.  He provides his DA Form 24 (Service Record) (page 3), Standard Form 513 (Consultation Sheet), and 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.  The applicant enlisted in the Regular Army on 7 July 1961.  

3.  His DA Form 24 shows in:

	a.  Section 4 (Chronological Record of Military Service) he was assigned to the 573rd Transportation Detachment, Army Postal Office (APO) 27.

	b.  Section 4 he received conduct and efficiency ratings of "excellent" and "satisfactory."

   c.  Section 5 (Service Outside Continental United States) he arrived in Vietnam on 17 September 1962 and departed on 6 September 1963 (a period of 11 months and 20 days).

	d.  Section 9 (Medals, Decorations, and Citations) award of the Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1 rifle), Armed Forces Expeditionary Medal (Vietnam), and Expert Marksmanship Qualification Badge with Carbine Bar.

4.  He was honorably released from active duty on 23 June 1964.  He completed 2 years, 11 months, and 17 days of active military service with no lost time.

5.  His DD Form 214 shows in:

	a.  item 24c (Foreign and/or Sea Service (See 32)) he completed 1 year and 12 days of foreign service.  

   b.  item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded/authorized award of the Armed Forces Expeditionary Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Carbine and Pistol Bars.
   
   c.  item 32 (Remarks) the entry "Item 24c:  USARPAC [U.S. Army Pacific]."

6.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes 


standardized policy for the preparation of the DD Form 214.  The version in effect at the time stated that for enlisted personnel, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., "USARPAC."

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Republic of Vietnam 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.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant's DA Form 24 shows he served in Vietnam from 17 September 1962 to 6 September 1963, which is a period of 11 months and 20 days.  Although his DD Form 214 shows 1 year and 12 days of foreign service in item 24c, it is not the policy of the Board to make the applicant worse off in the case.  The last overseas theater he performed this service is indicated as USARPAC in item 32 of his DD Form 214.  However, it would be appropriate to amend item 32 (Remarks) to show the entry "Vietnam Service:  17 September 1962 to 6 September 1963."

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  Therefore, his DD Form 214 should be amended to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



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  amending his DD Form 214 by:

    a.  adding award of the Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 

	b.  amending item 32 to show the entry "Vietnam Service:  17 September 1962 to 6 September 1963."  



      _______ _   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)                                         AR20140002827





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ABCMR Record of Proceedings (cont)                                         AR20140002827



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