IN THE CASE OF:
BOARD DATE: 5 May 2015
DOCKET NUMBER: AR20140016535
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of his authorized awards.
2. The applicant states that his DD Form 214 does not reflect all of the awards that are reflected on his service records.
3. The applicant provides copies of his DD Form 214, Certificate of Full Pardon, DA Form 20 (Enlisted Qualification Record), and discharge orders.
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 23 April 1971 for a period of 3 years. He completed his training as a cook and was transferred to Vietnam on 17 September 1971 for assignment to Headquarters and Headquarters Company, 1st Battalion, 12th Cavalry Regiment, 3rd Brigade, 1st Cavalry Division.
3. He served in three campaigns and departed Vietnam on 22 April 1972. He was transferred to Fort Dix.
4. On 31 May 1972, he went absent without leave (AWOL) and remained absent in desertion until he was returned to military control on 9 September 1972.
5. On 7 November 1972, he was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 1 year, 3 months, and 6 days of active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal. It also shows no foreign service or service in Vietnam.
6. The applicants official records show that he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).
7. Army Regulation 600-8-22 (Military Awards) states 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.
8. 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.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicants unit was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.
10. Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B, will be worn on the appropriate service medal including the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant served 7 months and 6 days of foreign service in Vietnam during the period 17 September 1971 to 22 April 1972 and is entitled to have that service reflected on his DD Form 214.
2. He served in three campaigns in Vietnam during a qualifying period for award of the Vietnam Service Medal and is entitled to have that award added to his DD Form 214.
3. He served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to have that award added to his DD Form 214.
4. He also served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to have that award added to his DD Form 214.
5. Additionally, his service in Vietnam should also be reflected on his DD Form 214.
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:
* Adding the entry 0 7 6 to item 22c (foreign service) of his DD Form 214
* Adding the awards of the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
* Adding the entry Service in Vietnam 17 September 1971 to 22 April 1972 to item 30 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) AR20140016535
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140016535
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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