IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100014035 


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 Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states he qualifies for this foreign unit award.  He was in Vietnam until 28 September 1970.

3.  The applicant provides a letter from the Army Review Boards Agency Support Division, St. Louis, MO, dated 3 March 2010.  This letter denies him the award because "[he] was not in the country during the particular time period (1970-1971)."

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 served in the Army of the United States from 18 October 1968 through 28 September 1970.  He served in Vietnam from 29 September 1969 to 28 September 1970 with Headquarters and Headquarters Troop (HHT), 7th Battalion, 17th Cavalry, and with Troop C, 7th Battalion, 17th Cavalry.

3.  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 units to which the applicant was assigned were never cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for any time period.  The only foreign unit award for which he qualifies is the Republic of Vietnam Gallantry Cross with Palm Unit Citation which was issued to HHT, 7th Battalion, 17th Cavalry, for the period 1 January 1969-30 September 1970 by Department of the Army General Orders Number 6, dated 1974.

4.  On 11 January 2010, the applicant submitted a request for correction of his military records.  This Agency responded by administratively correcting his records in ABCMR Docket Number AR20100001177 and issuing him a DD Form 215 adding four bronze service stars to his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Silver Star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation also be added to his DD Form 214.

2.  A review of the applicant's records and Department of the Army Pamphlet 672-3 indicates he is not entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; neither of the units to which he was assigned in Vietnam was awarded this foreign unit decoration.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ______________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)                                         AR20100014035



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ABCMR Record of Proceedings (cont)                                         AR20100014035



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