IN THE CASE OF:	  

		BOARD DATE:	       12 February 2009

		DOCKET NUMBER:  AR20080018388 


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) for the period ending on 24 March 1972 to show award of the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that prior to his separation from active duty the award of the Army Good Conduct Medal was not issued in time to be added to his DD Form 214.  He further states that he did not find out about the Republic of Vietnam Gallantry Cross with Palm Unit Citation until years later.

3.  The applicant provides his DD Form 214; Headquarters, Davison U. S. Army Airfield, General Orders Number 11, dated 1 March 1972; and a letter from the National Personnel Records Center, dated 23 August 2004.

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 enlisted in the Regular Army on 24 September 1969 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  The applicant arrived in Vietnam and was assigned to the 165th Transportation Company on or about 28 September 1970.  He departed Vietnam on or about 14 September 1971 after being credited with participating in two campaigns.

4.  Headquarters, Davison U.S. Army Airfield General Orders Number 11, dated 1 March 1972, show that the applicant was awarded the Army Good Conduct Medal (1st Award) for the period 24 September 1969 through 23 March 1972.

5.  On 24 March 1972, the applicant was honorably released from active duty in the rank of specialist five/E-5 after completing 2 years, 6 months, and 1 day of creditable active service with no time lost.

6.  The applicant's DD Form 214 for the ending period of 24 March 1972 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Aircraft Crewman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period of 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant’s assignment to the 165th Transportation Company, it was cited for award of the Meritorious Unit Commendation for the period from 1 August 1971 through 30 April 1972 based on Headquarters, Department of the Army, General Orders Number 32, dated 1973.

9.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant’s assignment to the 165th Transportation Company, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 1 January 1971 through 31 December 1971 based on Headquarters, Department of the Army, General Orders Number 32, dated 1973.
10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Army Good Conduct Medal (1st Award).  In addition, all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be amended to add these awards.

2.  The applicant was assigned to a unit during a period of time this unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His participation in two campaigns makes him eligible to wear two bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

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 his DD Form 214 for the period ending on 24 March 1972 to add the Army Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be worn on his already-awarded Vietnam Service Medal.


															XXX
      _________________________
                 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)                                         AR20080018388



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ABCMR Record of Proceedings (cont)                                         AR20080018388



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