IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140010623
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 (RVN) Campaign Medal with Device (1960).
2. He states he served in the RVN for 9 months.
3. He 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 11 October 1968, the applicant enlisted in the Regular Army.
3. Orders in his Official Military Personnel File shows he arrived in the RVN on 30 September 1969.
4. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 38 (Record of Assignments) he was assigned to duty in the RVN with Headquarters and Headquarters Company, 15th Medical Battalion, 1st Cavalry Division (Airmobile) from 8 October 1969 to 3 May 1970
* item 41 (Awards and Decorations) National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar
5. During his service in the RVN, he participated in three campaigns.
6. On 6 May 1970, he was discharged under honorable conditions. His DD Form 214 shows in:
* item 22c (Foreign and/or Sea Service) 5 months and 8 days
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) NDSM and VSM
7. Army Regulation 600-8-22 (Military Awards) states 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. Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.
9. 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 shows the 15th Medical Battalion received unit awards for the periods shown below:
* Valorous Unit Award (VUA) 1 May to 29 June 1970
* RVN Gallantry Cross with Palm Unit Citation May 1969 to February 1970 and 21 February 1970 to 28 February 1971
* RVN Civil Actions Honor Medal First Class Unit Citation 1 January 1969 to 1 February 1970
10. Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in the RVN from 30 September 1969 to 3 May 1970, a period of 7 months and 4 days. This was a qualifying period of service for award of the RVN Campaign Medal with Device (1960). Therefore, it would be appropriate to add this award to his DD Form 214.
2. He was awarded the VSM and he participated in three campaigns. Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his previously-awarded VSM.
3. He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. It would be appropriate to add this badge to his DD Form 214.
3. He served in the 15th Medical Battalion during periods for which the unit was awarded the VUA, two awards of the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation. He is entitled to correction of his DD Form 214 to show these unit awards.
4. As a related matter, the amount of foreign service shown in item 22c of his DD Form 214 is incorrect. The evidence of record shows he completed 7 months and 4 days of foreign service, but the DD Form 214 shows 5 months and 8 days. It appears this entry is the result of an administrative error, and it would be appropriate to correct the error at this time.
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 making the following deletions from and additions to his DD Form 214:
a. delete the entry in item 22c;
b. add to item 22c "0 7 4";
c. delete the VSM from item 24; and
d. add to item 24
* VSM with three bronze service stars
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* VUA
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class 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) AR20140010623
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ABCMR Record of Proceedings (cont) AR20140010623
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