IN THE CASE OF:	

		BOARD DATE:	1 December 2009  

		DOCKET NUMBER:  AR20090010316 


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 that his 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of the awards, citations, and medals he earned.

2.  The applicant states he believes he is entitled to a Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which he refers to as the Vietnamese Gallantry Cross.  He also states there may be other "adornments that may be due from battle campaigns" that he was involved in or supported while in Vietnam.

3.  The applicant provides a copy of his 1968 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 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.  Records available to the Board indicate the applicant enlisted in the Regular Army on 30 July 1965.  After a brief assignment at Fort Hood, Texas, he was reassigned to the 402nd Transportation Detachment at Fort Benning, Georgia.

3.  In June 1966 the applicant was reassigned to Vietnam as part of a unit reassignment.  He served in Vietnam with the 402nd Transportation Detachment until November 1966 when he was transferred to the 170th Aviation Company.  In July 1967 he was further reassigned to the 281st Aviation Company where he remained until he returned to the United States in January 1968.

4.  Upon the applicant's return to the United States following his tour of duty in Vietnam, he was once again assigned to Fort Benning, Georgia.  On 29 November 1968 he was released from active duty with an honorable characterization of service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates entitlement to the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, three overseas service bars, the Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge for the M-14 rifle.

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 document shows that the 402nd Transportation Detachment was awarded a Meritorious Unit Commendation and a Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was a member of that organization in Vietnam.  The 170th Aviation Company was also awarded a Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was assigned to that organization.  The 281st Aviation Company was not awarded any unit awards while the applicant was assigned.

7.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in three designated campaign periods (Vietnam Counter Offensive, and Vietnam Counter Offensive Phases II and III).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant any personal decorations.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant's 1968 DD Form 214 correctly reflects all of the awards and decorations the applicant was entitled to with the exception of two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation which were awarded while he was assigned to the 402nd Transportation Detachment and the 170th Aviation Company.

2.  There is no evidence he was assigned to an organization awarded the Presidential Unit Citation.

3.  The evidence also show the applicant participated in three designated campaign periods while in Vietnam and his Vietnam Service Medal appropriately reflects his entitlement to three bronze service stars denoting his participation in those three campaign periods.

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 he is entitled to two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 entitlement to a Presidential Unit Citation, additional bronze service stars on his Vietnam Service Medal, or any other additional awards and decorations based on his military service between 1965 and 1968.



      ___________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)                                         AR20090010316



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ABCMR Record of Proceedings (cont)                                         AR20090010316



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