IN THE CASE OF:  

		BOARD DATE:  23 April 2015

		DOCKET NUMBER:  AR20140015468


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, the spouse of a deceased former service member (FSM), requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal.

2.  The applicant states her husband served in Vietnam for 2 months and 
27 days and he did not receive the Republic of Vietnam Campaign Medal with Device (1960) or the Vietnam Service Medal.  Her research did not show he had to serve a certain amount of time in Vietnam to qualify for these awards.  She discovered this error when she took his DD Form 214 to the funeral home after he passed away.

3.  The applicant provides:

* FSM's DD Form 214
* marriage license
* FSM's death certificate

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 FSM enlisted in the Regular Army on 8 February 1963.  He held military occupational specialty 31Q (Aviation Electronic Equipment Repairman).

3.  His DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  Item 31 (Foreign Service) from 5 November 1965 to 1 February 1966 in Vietnam.

   b.  Item 38 (Record of Assignments) that during his service in Vietnam he was assigned to the 147th Aviation Company from 5 November 1965 to on or about 31 December 1965.  

	c.  Item 41 (Awards and Decorations) –

* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)

4.  He was honorably released from active duty on 2 February 1966 as a specialist four/E-4.  He had completed 2 years, 11 months, and 25 days of total active service.  His DD Form 214 lists his authorized awards as the –

* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar 

5.  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 orders pertaining to the FSM. 

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

	a.  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.  

	b.  The Vietnam Service 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

	c.  During his service in Vietnam, the FSM participated in the following two campaigns: 

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

	d.  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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded and evacuated as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

7.  Department of the Army General Orders Number 8, dated 1974, announced award of 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.

DISCUSSION AND CONCLUSIONS:

1.  The FSM served in Vietnam from 5 November 1965 to 1 February 1966.  Therefore he is authorized the Vietnam Service Medal.  Additionally, he participated in two campaign periods during his service in Vietnam.  Therefore, he is authorized two bronze service stars for wear on his Vietnam Service Medal.

2.  He served a qualifying period of service for award of the National Defense Service Medal.

3.  During the FSM's service in Vietnam, all units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

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

5.  Regretfully, the FSM is not eligible for award of the Republic of Vietnam Campaign Medal with Device (1960) because he did not serve in Vietnam for the required period 6 months or more nor does his record show he was wounded and evacuated in a patient status.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 and adding to his DD Form 214 the following awards:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 

2.  The Board further determined 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 correcting the FSM's DD Form 214 to show he was awarded 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20140015468



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