BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140014606
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, in effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Republic of Vietnam Campaign Medal with Device (1960) and that item 30 (Remarks) be amended to show the dates of his service in Vietnam.
2. The applicant states, in effect, that although his DD Form 214 shows a Vietnam Service Medal and his last unit of assignment as a unit within U.S. Army Pacific Command, he is not able to prove he served in Vietnam. He also believes he should have been awarded the Republic of Vietnam Campaign Medal with Device (1960).
3. The applicant provides a copy of a letter he wrote to a Department of Veterans Affairs (VA) Medical Center 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 U.S. Army Reserve (USAR) on 13 March 1968 and was ordered to active duty on 13 May 1968 for a period of two years. He completed initial training and was awarded military occupational specialty 67U (CH-47 Helicopter Repairer).
3. He was honorably released from active duty on 26 August 1969. He held the rank/grade of specialist four/E-4 at his release from active duty. His DD Form 214 shows a total creditable active service of 1 year, 3 months, and 14 days. It also shows he had 2 months and 28 days of foreign service. He was awarded or authorized the following:
* National Defense Service Medal
* Vietnam Service Medal
* Army Good Conduct Medal (1st Award)
4. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 31 (Foreign Service), service in Vietnam from on or about 24 May 1969 to on or about 24 August 1969.
b. Item 38 (Record of Assignments ), he was assigned to duty in Vietnam with Headquarters and Headquarters Company, 11th Combat Aviation Battalion.
5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, provides policy and procedures for the completion of the DD Form 214. Combat tour dates were not required to be entered in item 30 at the time of the applicant's release from active duty. Later versions of the regulation required an entry in the Remarks block identifying periods of service in Vietnam.
6. 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.
7. 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 all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Republic of Vietnam Campaign Medal with Device (1960). Both his record and DD Form 214 show service in Vietnam during the qualifying period; however, the criteria require assignment in Vietnam for a duration of 6 months or more. The applicant was only assigned in Vietnam for a little over 2 months. He therefore does not meet the criteria for this award
2. The regulation in effect at the time did not require the identification of a period of service in a combat zone. In the interest of equity, however, it would be appropriate to amend item 30 of the applicant's DD Form 214 to show service in Vietnam from 24 May 1969 to 24 August 1969.
3. His records show he was assigned to a unit during a period for which the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 should be amended to show this unit award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ __X______ __X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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:
a. the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
b. in item 30, the entry "Vietnam from 24 May 1969 to 24 August 1969."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the award of the Republic of Vietnam Campaign Medal with Device (1960).
_________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) AR20140014606
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ABCMR Record of Proceedings (cont) AR20140014606
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