IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140008266
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 his dates of service in Vietnam.
2. The applicant states:
* his DD Form 214 needs to show his Vietnam campaign service
* he was in Vietnam from August 1965 to July 1966
* he is a boots-on-the-ground Vietnam veteran
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 enlisted in the Regular Army on 2 March 1964 for 3 years. He served in Vietnam from 17 August 1965 to 29 July 1966 as an aircraft power train repairman assigned to Company A, 15th Transportation Corps Battalion, 1st Cavalry Division.
3. Records show he participated in three campaigns during his assignment in Vietnam.
4. He was released from active duty on 1 March 1967.
5. His DD Form 214 shows in:
* item 22c (Foreign and/or Sea Service) 1 year under the major command of U.S. Army Pacific
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) National Defense Service Medal and Vietnam Service Medal
* item 30 (Remarks) no Vietnam service
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the Vietnam Service Medal for each credited campaign.
7. 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.
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 15th Transportation Battalion was awarded the:
* Presidential Unit Citation for actions during the period 23 October to 26 November 1965 by Department of the Army General Orders Number 40, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders Number 59, dated 1969
9. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. The regulation provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.
DISCUSSION AND CONCLUSIONS:
1. The entries on the applicant's DA Form 20 which show he served in Vietnam from 17 August 1965 to 29 July 1966 are accepted as sufficient evidence on which to add the entry "Vietnam Service: 17 August 1965 to 29 July 1966" to item 30 of his DD Form 214.
2. As a related issue, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960) and three bronze service stars for wear on his already-awarded Vietnam Service Medal based on his service in Vietnam and participation in three campaigns.
3. Also, his unit in Vietnam was awarded the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit 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. adding the following awards to his DD Form 214:
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars with his already-awarded Vietnam Service Medal
b. adding the entry "Vietnam Service: 17 August 1965 to 29 July 1966" 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) AR20140008266
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140008266
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2004 | 20040007382C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 June 2005 DOCKET NUMBER: AR20040007382 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Yolanda Maldonado | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests correction of his DD Form 214 (Armed Forces of the United...
ARMY | BCMR | CY2013 | 20130006663
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 Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Presidential Unit Citation for his participation in the central highland campaigns in Vietnam. The applicant's service records are void of orders that show he was awarded the Army Good Conduct Medal for the period 23 August 1965 through 22 August 1968. As a...
ARMY | BCMR | CY2008 | 20080016594
The counsel requests correction of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 August 1966 to show award of the Air Medal (1st Oak Leaf Cluster) and the Army Commendation Medal. The applicant's DD Form 214 for the ending period 28 August 1966 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and two Overseas Service Bars. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2015 | 20150000798
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Bronze Star Medal * Army Good Conduct Medal * Vietnam Service Medal with bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar * Armed Forces Expeditionary Medal * Presidential Unit Citation 2. The applicant requested correction of his DD Form 214 to show...
ARMY | BCMR | CY2009 | 20090014949
The applicant requests amendment of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam Campaign Medal with Device (1960) and his service in Indochina. Records show the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 for the period ending 12 September 1969 the...
ARMY | BCMR | CY2013 | 20130016561
The applicant states his DD Form 214 does not show his Vietnam service. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the following awards to his DD Form 214: * Vietnam Service Medal with four...
ARMY | BCMR | CY2012 | 20120003908
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his date of entry on active duty as 20 September 1965 instead 19 September 1971 * his dates of service in Vietnam from 28 March 1966 to 27 March 1967 2. 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...
ARMY | BCMR | CY2013 | 20130004479
It states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. One overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2011 | 20110024206
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. The regulation in effect at the time provided that the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. As a...
ARMY | BCMR | CY2010 | 20100012921
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Presidential Unit Citation and Army Commendation Medal. Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from...