IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140014162
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 award of the Republic of Vietnam Campaign Medal with Device (1960) and his foreign service in Vietnam.
2. The applicant states:
* his DD Form 214 does not specify his foreign service in Vietnam
* he received the Armed Forces Expeditionary Medal (AFEM) for his service in Vietnam
* his service in Vietnam was classified as top secret
* he wants to receive Department of Veterans Affairs benefits
3. The applicant provides:
* reassignment orders, dated 15 July 1964
* amended reassignment orders, dated 21 July 1964
* General Services Administration Form 6923 (Informal Information Reply), dated 19 September 1969
* 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 limitations for timely filing.
2. The applicant enlisted in the Regular Army on 8 November 1961 for 3 years.
3. His DA Form 20 (Enlisted Qualification Record) shows:
* he served in Vietnam from 24 October 1962 through 12 September 1964
* he was assigned to the 3d Radio Research Unit
4. On 14 September 1964, he was honorably released from active duty. His DD Form 214 shows in:
* item 24c (Foreign and/or Sea Service) 1 year, 10 months, and 9 days under the command of U.S. Army Pacific
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) Marksman Marksmanship Qualification Badge with Rifle Bar, AFEM, Meritorious Unit Commendation, and Army Good Conduct Medal (1st Award)
* item 32 (Remarks) no service in Vietnam
5. 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.
6. Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. This regulation provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 24c. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 shows he served in Vietnam from 24 October 1962 through 12 September 1964 and this is accepted as sufficient evidence with which to add the entry "Vietnam Service: 24 October 1962 to 12 September 1964" to item 32 of his DD Form 214.
2. He is authorized award of the Republic of Vietnam Campaign Medal with Device (1960) based on his service in Vietnam. Therefore, his DD Form 214 should be corrected to show this award.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.
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:
a. adding the following awards to his DD Form 214:
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
b. adding the entry: "Vietnam Service: 24 October 1962 to 12 September 1964" to item 32 of 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) AR20140014162
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140014162
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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