IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150002842
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 (Certificate of Release or Discharge from Active Duty) to show award of the Joint Service Commendation Medal (JSCM).
2. He states he did not receive this award and it was not added to his DD Form 214.
3. He provides a copy of his JSCM draft narrative and 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 applicants 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 applicants 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 9 October 1964. He served in the Republic of Vietnam (RVN) from 13 August 1967 to 12 August 1968.
3. His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) he was assigned to Headquarters, Armed Forces Vietnam Network, from 19 August 1967 to 11 August 1968.
4. Headquarters, U.S. Military Assistance Command, Vietnam (MACV), General Orders Number 2445, dated 4 August 1968, awarded him the JSCM for meritorious service in a joint command from August 1967 to August 1968.
5. On 13 August 1968, he was honorably released from active duty. He completed 2 years, 9 months, and 9 days of total active service with no time lost.
6. His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal
7. 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 Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns: Vietnam Counteroffensive, Phase III; Tet Counteroffensive; Vietnam Counteroffensive, Phase IV; and Vietnam Counteroffensive, Phase V.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant served in a unit that was awarded the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
9. 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 Armed Forces Vietnam Network was cited for award of the Meritorious Unit Commendation, for the period 7 February 1966 to 31 December 1969, by Department of the Army General Orders 5, dated 1973.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded him the JSCM. Therefore, his DD Form 214 should show this award.
2. His unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation. Therefore, his DD Form 214 should show these unit awards.
3. His DD Form 214 currently reflects the Vietnam Service Medal. However, he received credit for participation in four campaigns during the Vietnam War. Therefore, his DD Form 214 should reflect four bronze service stars for wear on his Vietnam 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 adding to his DD Form 214:
* Joint Service Commendation Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars with his already awarded Vietnam 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) AR20150002842
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ABCMR Record of Proceedings (cont) AR20150002842
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