IN THE CASE OF:	  

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140014795 


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 attached to the 212th Military Police Company, Saigon, Republic of Vietnam, for the period July 1965 through May 1966.  He was told by personnel at the Department of Veterans Affairs that unless his       DD Form 214 was corrected to show the Republic of Vietnam Campaign Medal with Device (1960), he would be ineligible for certain tests.

3.  The applicant provides a copy of 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 was inducted into the Army of the United States on 15 May 1964.  He completed training and he was awarded military occupational specialty 95B (Military Policeman).  Evidence shows he served in the Republic of Vietnam from 5 August 1965 to 7 May 1966 as a member of the 212th Military Police Company.

3.  The applicant's record contains Special Orders Number 138, issued by Headquarters, 4th Training Regiment, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 30 June 1964, which show he qualified for award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14).

4.  On 10 May 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed           1 year, 11 months, and 26 days of total active service during this period.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* Vietnam Service Medal
* Army Good Conduct Medal (1st Award)

5.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Defense Campaign
* Vietnam Counteroffensive

6.  Army Regulation 600-8-22 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 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.

8.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and             30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Republic of Vietnam Campaign Medal with Device (1960) has been carefully considered and found to have merit.

2.  Evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award and issuance of the medal.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  Records show the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his previously awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The evidence shows the applicant completed a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this service medal.

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: 

   a.  deleting the Vietnam Service Medal from his DD Form 214,

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

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* National Defense Service Medal




      _______ _   _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)                                         AR20140014795





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ABCMR Record of Proceedings (cont)                                         AR20140014795



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