BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140009776
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 the following:
* award of the Vietnam Campaign Medal, campaign service stars, and any other authorized awards
* issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
2. The applicant states he served in South Vietnam for 4 months and 10 days from 1965 to 1966. He was awarded the Vietnam Service Medal, but he was not awarded the Vietnam Campaign Medal. A DD Form 215 should be issued to identify missing information from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He served on active duty from 23 January 1964 through 22 January 1966. He is applying for service-connected disability due to his service in Vietnam and exposure to herbicides known as Agent Orange. The Department of Veterans Affairs Medical Center is requesting a DD Form 215 identifying award of the Vietnam Campaign Medal.
3. The applicant provides a copy of 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 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 was inducted into the Army of the United States on 23 January 1964. He was awarded military occupational specialty 52B (power generator specialist).
3. He served in Vietnam from 11 September 1965 through 21 January 1966, during one campaign. He was assigned to Battery D, 6th Battalion, 56th Artillery.
4. He was released from active duty on 22 January 1966. He was credited with completing 2 years of active service and 4 months and 10 days of foreign service. His DD Form 214 lists the Army Good Conduct Medal and Vietnam Service Medal.
5. His DA Form 20 (Enlisted Qualification Record) lists in:
* Item 29 (Qualifications in Arms) the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.45 Caliber) Bars
* Item 41 (Awards and Decorations) the Army Good Conduct Medal and Vietnam Service Medal
6. Army Regulation 600-8-22 (Military Awards) states:
* The 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
* Bronze service stars are worn on the Vietnam Service Medal to denote campaign participation
7. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows DA General Orders (GO) Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Vietnam during one campaign. Therefore, he is entitled to award of one bronze service star to be added to his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show this service star.
2. The evidence shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.45 Caliber) Bars. Therefore, his DD Form 214 should be corrected to show these badges.
3. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam. Therefore, his DD Form 214 should be corrected to show this award.
4. With regard to award of the Vietnam Campaign Medal, the evidence shows he served in Vietnam from 11 September 1965 through 21 January 1966, a period of 4 months and 10 days. By regulation, members who have served in Vietnam for a period of 6 months are eligible for this award. Therefore, he is not entitled to award of the Vietnam Campaign Medal and its addition to his DD Form 214.
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:
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to this DD Form 214 the:
* Vietnam Service Medal with one bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.45 Caliber) Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* issuing him a DD Form 215 listing the foregoing awards
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 award of the Vietnam Campaign Medal and its addition 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.
ABCMR Record of Proceedings (cont) AR20140009776
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140009776
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110011988
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in the Republic of Vietnam (RVN) and that he was awarded the Vietnam Service Medal. It also shows in: a. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): Army Good Conduct Medal (2nd Award), Combat Infantryman Badge, National Defense Service Medal, and Bronze Star Medal; b. item 22 (Statement of...
ARMY | BCMR | CY2011 | 20110017858
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal, Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, and any other awards he is entitled to based on his service in Vietnam. Therefore, in the interest of justice, the...
ARMY | BCMR | CY2011 | 20110025219
The evidence of record shows the applicant was awarded the AFEM for his service in Vietnam. His record does not contain evidence which shows he was authorized by the Commanding General of United States Army Vietnam to wear this as a personal award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Armed Forces Expeditionary Medal from his 24 June 1966 DD Form 214 and b. adding the following awards to his...
ARMY | BCMR | CY2011 | 20110015103
The applicant requests correction of item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Pistol Bar (.45 Caliber), Machine Gun Bar (M-60), and Shot Gun Bar * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with two or three bronze...
ARMY | BCMR | CY2012 | 20120007400
The applicant requests the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) and Pistol Bar (M-1911) which is a .45 caliber pistol), 22 awards of the Air Medal, and "Republic of South Vietnam Gallantry Medal with "V" Device" (correctly known as the Gallantry Cross with Bronze Star) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 September 1968. Although wear of multiple awards of this unit...
ARMY | BCMR | CY2015 | 20150001387
Application for correction of military records (with supporting documents provided, if any). d. The applicant served a qualifying period of service for award of the National Defense Service Medal and should have his DD Form 214 corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by * voiding his DD Form 215, dated 5 May 2005 * deleting from item 32 of his DD Form 214 ending on 19 September 1966 the...
ARMY | BCMR | CY2010 | 20100028797
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity...
ARMY | BCMR | CY2014 | 20140005373
His service in Vietnam coincided with the following three campaigns: * Vietnam Defense Campaign (8 March 1965-24 December 1965) * Vietnam Counteroffensive (25 December 1965-30 June 1966) * Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) 9. Based on his service in Korea, he is eligible for award of the KDSM. 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 VSM; b. adding to...
ARMY | BCMR | CY2011 | 20110010023
The applicant states he was wounded in action in the Republic of Vietnam (RVN); however, his records do not show award of the Purple Heart. The applicant served a qualifying period of active enlisted service for the first award of the Army Good Conduct Medal from 8 November 1965 to 7 November 1968. a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action in the...
ARMY | BCMR | CY2011 | 20110001230
Furthermore, the evidence of record shows the applicant was awarded the Air Medal (9th OLC) with "V" Device for heroism which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. The evidence of record shows the applicant served in Korea from 19 August 1962 to 20 July 1963. By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show one...