IN THE CASE OF:	  

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140014357


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).

2.  The applicant states he was informed by the Department of Veterans Affairs (VA) that this award must be listed on his DD Form 214 to show he served in Vietnam for him to be enrolled in VA medical care.

3.  The applicant provided a copy of his DA Form 20 (Enlisted Qualification Record) and 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.  The applicant enlisted in the Regular Army on 12 January 1967.  He held military occupational specialty (MOS) 92B (Medical Laboratory Specialist). 

3.  His DA Form 20 shows he served in Vietnam from 28 March 1968 to 
23 October 1969.  He was assigned to the 519th Medical Detachment.   

4.  His DA Form 20, item 41 (Awards and Decorations) does not show the Republic of Vietnam Campaign Medal with Device (1960) as an authorized award.

5.  On 23 October 1969, he was honorably released from active duty as a specialist five/E-5.  He had completed 2 years, 9 months, and 12 days of total active service.  His DD Form 214 lists his authorized awards as the:

* National Defense Service Medal
* Vietnam Service Medal
* Air Medal
* Army Good Conduct Medal
* Army Commendation Medal 
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Carbine Bars
* three Overseas Service Bars

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any additional award orders pertaining to the applicant. 

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

	a.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.  During his service in Vietnam, the applicant participated in the following six campaigns: 

* Tet Counteroffensive                        30 January - 1 April 1968
* Counteroffensive Phase IV               2 April - 30 June 1968
* Counteroffensive Phase V                1 July - 1 November 1968


* Counteroffensive Phase VI               2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive                  23 February - 8 June 1969
* Summer - Fall 1969                           9 June - 31 October 1969

	b.  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.  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 519th Medical Detachment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967-17 May 1968 by Department of the Army General Orders Number 21, dated 1969, and from 1 January 1969-30 September 1970 by DAGO Number 6, dated 1974.

9.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam 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 applicant's records show he served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960). 

2.  Records also show he participated in six campaign periods during his service in the Vietnam.  Therefore, he is entitled to one silver and one bronze service star for wear on his already-awarded Vietnam Service Medal.

3.  During the applicant's service in Vietnam, his unit was cited twice for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  His DD Form 214 should be corrected to show the above awards.






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.  deleting from his DD Form 214 the Vietnam Service Medal; and

	b.  adding to his DD Form 214 the following awards:

* Vietnam Service Medal with one silver and one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
(2nd Award) 



      __________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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20140014357



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