BOARD DATE: 16 July 2009
DOCKET NUMBER: AR20090002820
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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Army Achievement Medal.
2. The applicant states that the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Army Achievement Medal for his service in the Republic of Vietnam do not appear in his record.
3. The applicant provides a copy his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this 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 available evidence shows that the applicant was inducted into the Army of the United States on 12 November 1968.
3. Item 12 (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows that his last assignment was Headquarters Command, U.S. Army Vietnam, Da Nang Area Pacific Exchange. Item 30 (Remarks) of the applicant's DD Form 214 shows he was assigned to the Republic of Vietnam from 16 July 1969 through 13 July 1970.
4. On 13 July 1970, the applicant was honorably released from active duty after completing a total of 1 year, 8 months, and 2 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he received the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to members of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.
6. 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 pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.
7. Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict. Based on the applicant's period of service in Vietnam, he participated in the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1969, the Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that he is entitled to award of the Army Achievement Medal and the Vietnam Gallantry Cross with Palm Unit Citation were considered.
2. The evidence of record shows that the applicant served in Army of the United States prior to 1981, the inception date of the Army Achievement Medal. Therefore, he would not have been awarded the Army Achievement Medal and there is no basis to correct his record to show this award.
3. General orders show Headquarters Command, U.S. Army Vietnam, Da Nang Area Pacific Exchange, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was assigned to this unit which is not shown on his separation document. Therefore, he is entitled to correction of his record to show this award.
4. Records show that the applicant participated in four campaigns during his service in the Republic of Vietnam. Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Army Achievement Medal.
___________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) AR20090002820
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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