IN THE CASE OF:
BOARD DATE: 15 May 2008
DOCKET NUMBER: AR20070018825
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, in effect, that Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his 20 August 1967 separation document (DD Form 214) be corrected by adding the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation.
2. The applicant states, in effect, that all Soldiers who served in the Republic of Vietnam (RVN) were awarded the RVNGC for their service in that country.
3. The applicant provides a copy of his separation document in support of his application.
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's record shows he was inducted into the Army of the United States (AUS) and entered active duty on 3 November 1965. He was trained in and awarded the primary military occupational specialty (MOS) 63C
(Track Vehicle Mechanic), and the highest rank he attained while serving on active duty was specialist four (SP4).
3. The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 20 August 1966 to 19 August 1967. Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Howitzer Battery, 1st Squadron, 11th Armored Cavalry Regiment.
4. On 20 August 1967, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 9 months, and 18 days of active military service. Item 24 of the DD Form 214 he was issued at the time shows he earned the following awards: National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Vietnam Campaign Medal (VCM); Army Good Conduct Medal (AGCM); Expert Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar; and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.
5. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-13 of the awards regulation contains guidance on award of the VSM. It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.
6. Table B-1 of the awards regulation contains a list of campaigns. It shows that during his tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.
7. Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
The applicant's claim of entitlement to the RVNGC was considered and found to have merit. Based on his service and campaign participation in the RVN, the applicant is entitled to the RVNGC with Palm Unit Citation and 2 bronze service stars with his VSM. Therefore, it would be appropriate to add these awards to his record and separation document at this time.
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 amending Item 24 of his 20 August 1967 DD Form 214 by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 2 bronze service stars for wear on his already-awarded Vietnam Service Medal; and by providing him a correction to his separation document that reflects these changes.
_______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) AR20070018825
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20070018825
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