IN THE CASE OF:
BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140013813
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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1995 to show award of the Republic of Vietnam Campaign Medal with Device (1960) and issuance of the medal.
2. The applicant states his DD Form 214 does not reflect the award and/or recognize his entitlement to the medal.
3. The applicant provides:
* active duty discharge orders, dated 24 January 1995
* undated 5-page letter to the Department of Veterans Affairs (VA)
* citation for the Air Force Commendation Medal
* assignment and reassignment orders, dated 21 December 1965 and 26 August 1966
* VA Form 21-6782 (Original Disability Compensation)
* VA letter, dated 30 June 2014
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 ABCMR does not issue medals. Requests for medals should be forwarded to the National Personnel Records Center at the following address: National Personnel Records Center (Military Personnel Records), 1 Archives Drive, St. Louis, MO 63138-1002. Requests may be submitted online through the eVetRecs website at http://www.archives.gov/veterans/military-service-records/standard-form-180.html, or via mail or facsimile (314-801-9195), or by completing a Standard Form 180 (Request Pertaining to Military Records), which is available for download at the same website. At a minimum, all requests must include a copy of the separation or discharge paperwork and any other supporting documentation to substantiate the request. All requests must be signed and dated. This portion of his request will not be discussed further in this Record of Proceedings.
3. The applicant enlisted in the U.S. Air Force (USAF) on 30 December 1959.
4. He provided orders which show he was assigned to the 620th Tactical Control Squadron in Vietnam from 22 December 1965 to 30 September 1966.
5. He also provided a citation for the Air Force Commendation Medal which states he distinguished himself by outstanding achievement as an Air Policeman at Dong Ha Air Base, Republic of Vietnam, on 4-5 February 1966.
6. On 29 March 1972, he was honorably discharged from the USAF.
7. His USAF DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) do not show the Republic of Vietnam Campaign Medal as an authorized award.
8. He enlisted in the Army National Guard on 12 August 1985. He entered active duty on 24 September 1987 in an Active Guard Reserve status. On 31 March 1995, he retired and he was placed on the Retired List effective 1 April 1995.
9. His DD Form 214 for the period ending 31 March 1995 does not show the Republic of Vietnam Campaign Medal with Device (1960) as an authorized award.
10. His National Guard Bureau Form 22 (Report of Separation and Record of Service) for the period ending 31 March 1995 does not show the Republic of Vietnam Campaign Medal with Device (1960) as an authorized award.
11. 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.
12. Army Regulation 635-5 (Separation Documents), in effect 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 established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The instructions stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served a qualifying period in the USAF for award of the Republic of Vietnam Campaign Medal with Device (1960). Since the governing regulation states awards and decorations for all periods of service will be shown on the DD Form 214, his DD Form 214 for the period ending 31 March 1995 should be corrected to show this medal.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214 for the period ending 31 March 1995.
_______ _ 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) AR20140013813
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140013813
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100007280
The applicant's military personnel records show he enlisted in the Regular Army on 11 June 1965 for a period of 3 years. Therefore, it would be appropriate to include all of the above awards in item 13 of his DD Form 214 for the period ending 31 August 1985. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 for the period ending 31 August 1985 the Vietnam Service Medal; and b....
ARMY | BCMR | CY2008 | 20080000882
The applicant requests, in effect, correction of his DD Form 24 (Report of Transfer or Discharge) for the period ending 26 March 1966 to show awards and decorations for his service in Vietnam. The applicants service record does not show any service in Vietnam. The entries on the applicants DD Form 214 for the period ending 26 March 1966 and DA Form 20 which show he served in Vietnam and USARPAC are accepted as sufficient evidence on which to base award of the Vietnam Service Medal with...
ARMY | BCMR | CY2012 | 20120004475
For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Army Regulation 635-5 states " all decorations, service medals, campaign credits, and badges awarded or authorized " will be shown on DD Form 214. Therefore, the entry in item 24 of his DD Form 214 for the period ending 3 October 1972 should read the: * Silver Star (2nd Award) * Purple Heart (2nd Award) *...
ARMY | BCMR | CY2013 | 20130010784
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 September 1966 to show award of the: * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross * Republic of Vietnam Gallantry Cross Commemorative Medal * Republic of Vietnam Service Commemorative Medal * Cold War Victory Commemorative Medal * American Defense Commemorative Medal * Overseas Service Commemorative...
ARMY | BCMR | CY2005 | 20050004763C070206
Army Regulation 672-5-1 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, inclusive. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2012 | 20120005685
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his second award of the Bronze Star Medal and award of the Meritorious Service Medal. There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Bronze Star Medal by official orders. 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...
ARMY | BCMR | CY2010 | 20100008949
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 June 1966 to show: * Bronze Star Medal with "V" Device * Combat Infantryman Badge 2. Evidence shows the applicant was awarded the Vietnam Service Medal and that he was evacuated from Vietnam prior to completing 6 months of service due to receiving wounds as a result of hostile action. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2003 | 2003089103C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 31 January 1966 and 31 December 1968 (whichever is appropriate) be corrected to show all of the awards and decorations that he is authorized for service in the Republic of Vietnam. The applicant's WD AGO Form 24A (Service Record) and DA Forms...
ARMY | BCMR | CY2010 | 20100027055
Army Regulation 672-5-1 (Decorations and Awards) provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. The evidence shows he completed a qualifying period of service for award of the National Defense Service Medal which is not shown on his DD Form 214. b. adding the: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit...
ARMY | BCMR | CY2009 | 20090013427
General Orders Number 839, U.S. Army Support Command, Vietnam, dated 11 December 1964, awarded the applicant the Army Commendation Medal for meritorious service during the period from 30 October 1963 to 30 October 1964. The applicant requests correction of his DD Form 214 effective 31 March 1974 to show award of the Meritorious Service Medal and the Army Commendation Medal with "V" Device. As a result, the Board recommends that all Department of the Army records of the individual concerned...