IN THE CASE OF:  	  

		BOARD DATE:  5 February 2015	  

		DOCKET NUMBER:  AR20140010613 


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 award of the Vietnam Service Medal and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was advised by the Department of Veterans Affairs that his DD Form 214 does not prove he served in Vietnam because item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not list the Vietnam Service Medal.

3.  The applicant provides copies of the following:

* General Orders (GO) Number 8618
* Army Commendation Medal with 1st Oak Leaf Cluster (OLC) citation
* Certificate of Achievement
* Certificate of Combat Service
* DD Form 214
* Veterans Universal Access Identification Card
* Octofoil Association member card

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 enlisted in the Regular Army on 22 December 1967 for 3 years. 
He was awarded military occupational specialty 67N (Single Rotor Turbine Helicopter Mechanic).  He served in Vietnam from 28 November 1968 through 
30 November 1969, during three campaigns.  He was assigned to:

* Company B, 9th Aviation Battalion, 9th Infantry Division from 7 December 1968 to 25 July 1969
* D Troop, 3rd Squadron, 5th Cavalry, 9th Infantry Division, from 30 July to 25 November 1969

3.  He provided copies of the following:

* GO Number 8618, dated 5 July 1969, awarding him the Army Commendation Medal with 1st OLC for meritorious service in Vietnam from November 1968 to July 1969
* Army Commendation Medal with 1st OLC citation which stated he served in Vietnam from November 1968 to July 1969
* Certificate of Achievement, dated 27 November 1969, issued for honorable and courageous service in Vietnam as a member of the 7th Squadron, 1st Air Cavalry, from September to November 1969
* Certificate of Combat Service issued for his service with 9th Infantry Division in armed conflict against insurgent forces in Vietnam

4.  His records contain the following:

   a.  A Memorandum, dated 7 July 1969, Subject:  Wear of Vietnamese Unit Awards by U.S. Personnel, wherein the 9th Infantry Division and its attached units were authorized and awarded the Republic of Vietnam Gallantry with Palm Unit Citation and Republic of Vietnam Civil Actions Medal Unit Citation with Oak Leaf, presented on 5 July 1969, for the period of service from January to July 1969.

   b.  Special Orders (SO) Number 40, dated 26 February 1970, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
5.  He was released from active duty on 15 December 1970.  He was credited with completing 2 years, 11 months, and 24 days of active service.  His DD Form 214 lists in:

* Item 22 (Foreign and/or Sea Service) – 1 year, 8 months, and 17 days
* Item 24 – the:

* Vietnam Campaign Medal
* Army Good Conduct Medals
* two overseas service bars
* Army Commendation Medal
* Aircraft Crewman Badge
* Air Medal
* National Defense Service Medal

* Item 30 (Remarks) – Item 22c, 28 November 1968 – 30 November 1969 - Republic of Vietnam

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists the same award listed on his DD Form 214 and includes the Vietnam Service Medal, Army Commendation Medal (2nd Award), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  On 2 August 2012, in response to his request, he was issued a DD Form 215 (Correction to DD Form 24, Certificate of Release or Discharge from Active Duty) wherein the Army Commendation Medal (2nd Award) was added to his 1970 DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states:

* The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973
* Bronze service stars are worn on the Vietnam Service Medal to denote campaign participation

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from 28 November 1968 through 3 November 1969 and was awarded the Vietnam Service Medal.  For some reason this award was not listed on his DD Form 214.  Notwithstanding item 30 of his DD Form 214 listing his dates of service in Vietnam, item 24 of this DD Form 214 should be corrected to show the Vietnam Service Medal with three bronze service stars.

2.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) during his period of service.  Therefore, his DD Form 214 should be corrected to show this badge.

3.  The evidence also shows his unit, the 9th Infantry Division, was authorized and awarded the Republic of Vietnam Gallantry with Palm Unit Citation and Republic of Vietnam Civil Actions Medal Unit Citation with Oak Leaf for the period of service from January to July 1969.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 adding to his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry with Palm Unit Citation
* Republic of Vietnam Civil Actions Medal Unit Citation with Oak Leaf



      ___________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)                                         AR20140010613



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ABCMR Record of Proceedings (cont)                                         AR20140010613



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