IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080012580
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 separation document (DD Form 214) be corrected to show the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation (RVNGC) and all other awards not listed.
2. The applicant states, in effect, as a result of research, he discovered the RVNGC was not listed on his separation document.
3. The applicant provides no documentary evidence in support of his claim.
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 was inducted into the Army of the United States and entered active duty on 6 April 1971. He was trained in, awarded, and served in military occupational specialty 31B (Field Radio Mechanic).
3. The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 13 September 1971 to 17 June 1972, and that during his RVN tour, he was assigned to the 1st Battalion, 21st Artillery Regiment, 3rd Brigade, 1st Cavalry Division. Item 41 (Awards and Decorations) shows he earned the following awards: National Defense Service Medal (NDSM); Vietnam Service Medal; RVN Campaign Medal (RVNCM) with 60 Device; Army Commendation Medal (ARCOM); and Sharpshooter Marksmanship Qualification Badge with
Rifle Bar.
4. The applicant's Military Personnel Records Jacket (MPRJ) contains Headquarters, 4th Psychological Operations Group, Special Orders Number 30, dated 31 October 1972, which confirms he qualified as an Sharpshooter with the M-16 Rifle on 26 October 1972.
5. On 5 April 1973, the applicant was honorably released from active duty (REFRAD). The separation document issued to him at that time shows he completed 2 years active military service. Item 24 shows he earned the following awards during his active duty tenure: NDSM: VSM; RVNCM; and ARCOM.
6. 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 Consolidation I, Consolidation II, and Vietnam Cease-Fire 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:
1. The applicant's contention that the RVNGC 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 RVNGC with Palm Unit Citation and 3 bronze service stars with his VSM. As a result, it would be appropriate to add these awards to his separation document.
2. The record also contains orders and a records entry confirming the applicant qualified as a Sharpshooter with the M-16 rifle, and is therefore entitled to the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore the applicants DD Form 214 should also be corrected to add this award 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 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, 3 bronze service stars to his Vietnam Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; 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.
ABCMR Record of Proceedings (cont) AR20080012580
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ABCMR Record of Proceedings (cont) AR20080012580
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