IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140009986
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all the awards for his service in Vietnam.
2. The applicant states when applying for benefits from the Department of Veterans Affairs (VA) they found discrepancies on his original DD Form 214 issued at the time of his discharge upon his return from Vietnam. The VA official is questioning his service in Vietnam. The VA advised him to apply for a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to accurately reflect his earned medals. He has never questioned the accuracy of his DD Form 214 though he is sure it does not reflect all awards earned for his service in Vietnam.
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 appointed in the U.S. Army Reserve (USAR), as a second lieutenant, on 8 October 1969. He was ordered to and entered active duty on 19 November 1969. He served in the Area of Concentration of 9668 (Area Intelligence Officer). He served in:
* Germany from 9 August 1970 through 10 September 1971; he was assigned to the 430th Military Intelligence (MI) Detachment
* Vietnam from 2 November 1971 through 25 April 1972, during three campaigns; he was assigned to the 572nd MI Detachment
3. He was honorably released from active duty as a first lieutenant on 28 April 1972 and reverted back to the USAR. He was credited with completing 2 years, 5 months, and 10 days of net active service and 1 year, 6 months, and 25 days of foreign service in the U.S. Army Pacific. His DD Form 214 lists the:
* National Defense Service Medal
* Vietnam Service Medal
* one overseas service bar
4. Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) lists the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* one overseas service bar
5. 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
6. 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 evidence of record shows the applicant served in Vietnam during three campaigns; therefore, he is entitled to award of three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.
2. He completed a qualifying period of service for the Republic of Vietnam Campaign Medal with Device 1960. Therefore, his DD Form 214 should be corrected to show this award.
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.
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:
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to this DD Form 214 the:
* 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
_______ _ 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) AR20140009986
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140009986
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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