IN THE CASE OF:
BOARD DATE: 27 January 2009
DOCKET NUMBER: AR20080010526
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 record be corrected to show that his authorized awards include the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant states, in effect, he served in Vietnam in 1967 and 1968.
3. The applicant provides no additional documents 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 enlisted, completed basic combat training during which he qualified for the Expert Marksmanship Qualification Badge with the M-14 rifle, advanced individual training as a wireman, and parachutist training. He was stationed in Vietnam with the 501st Supply Company, Support Command, Vietnam from 7 December 1967 to 30 May 1968. He then served with Headquarters and Headquarters Company, 1st Battalion (Mechanized), 50th Infantry, 173rd Airborne Brigade from 1 June 1968 to 2 December 1968 when he returned to the United States.
3. On 12 June 1970 he was released from active duty with an honorable characterization of service in pay grade E-4 and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his authorized awards as the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Parachutist Badge.
5. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
6. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaign periods: the Vietnam Counteroffensive, Phase III
(1 June 1967 through 29 January 1968); Tet Counteroffensive (30 January
1 April 1968; Vietnam Counteroffensive, Phase IV (2 April - 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1 November 1968); and the Vietnam Counteroffensive, Phase VI (2 November 1968 22 February 1969). A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star is warn in lieu of five bronze service stars.
7. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to the 1st Battalion, 50th Infantry the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 April 1968 - 6 October 1969 by Department of the Army General Orders 51 (1971).
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation be shown on his record.
2. The evidence shows that the applicant's unit in Vietnam (1st Battalion, 50th Infantry) was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
3. He also served in Vietnam during five designated campaign periods and is authorized a silver service star for wear on the Vietnam Service Medal.
4. He also qualified for the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) during his tenure of service.
5. Therefore, the above awards should be added to his DD Form 214.
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:
a. deleting from his DD Form 214 the Vietnam Service Medal; and
b. adding to his DD Form 214 the Vietnam Service Medal with 1 silver service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
__________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) AR20080010526
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ABCMR Record of Proceedings (cont) AR20080010526
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