IN THE CASE OF:
BOARD DATE: 27 January 2009
DOCKET NUMBER: AR20080007471
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 his separation document (DD Form 214) be corrected to add the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and any other individual or unit awards to which he may be entitled.
2. The applicant states, in effect, that his unit awards are not listed on his
DD Form 214.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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 applicants record shows he enlisted into the Regular Army and entered active duty on 2 July 1964. He was trained in, awarded, and served in military occupational specialty 05C (Radio Teletype Operator) and the highest rank he attained while serving on active duty was sergeant (SGT).
3. The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 31 May 1965 to 7 April 1967. Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Battery (HHB), 25th Infantry Division Artillery and that he performed duties in MOS 05C as a radio operator. Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure: Vietnam Service Medal (VSM); National Defense Service Medal (NDSM); RVN Campaign Medal (RVNCM) with 60 Device; and Marksman Marksmanship Qualification Badge with Rifle Bar.
4. On 10 April 1967, the applicant was honorably released from active duty (REFRAD), in the rank of SGT, after completing 2 years, 9 months, and 9 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time lists the following awards: NDSM; VSM; Army Good Conduct Medal (AGCM); RVNCM; and Marksman Marksmanship Qualification Badge with Rifle Bar.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. 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 campaign a member is credited with participating in while serving in the RVN. Table B-1 contains a list of campaigns. It shows that during the applicants tenure of assignment in the RVN, participation credit was granted for the Vietnam Defense Campaign, Vietnam Counteroffensive Phase I, and Vietnam Counteroffensive Phase II campaigns.
6. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN, the applicant's unit (HHB, 25th Infantry Division Artillery) earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the RVN Gallantry Cross with Palm Unit Citation and additional awards should be added to his separation document was carefully considered and found to have merit. The evidence of record confirms that based on his RVN service and campaign participation, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars with his VSM. As a result, it would be appropriate to add these awards to Item 24 of his DD Form 214 at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ 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 of the Department of the Army records related to this case be corrected by amending Item 24 of his DD Form 214 by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars to be worn with his Vietnam Service Medal; and by providing him a correction to his separation document that reflects these awards.
_______ _ 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.
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