IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090016209
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) to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award.
2. The applicant states the Department of the Army has approved the Valorous Unit Award for the 14th Aviation Battalion, including the 71st Aviation Company for heroism during Operation Lam Son 719.
3. The applicant does not provide any additional evidence 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 applicants records show he enlisted in the Regular Army on 28 April 1969 and was honorably discharged on 19 May 1971 for the purpose of immediate reenlistment. He continued to serve until he was honorably discharged on 17 February 1978. He had a total of 8 years, 9 months, and
22 days of active service.
3. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Awarded or Authorized) of the applicant's DD Form 214 for the period ending 17 February 1978 and DD Form 15 (Correction to DD Form 214), dated 4 December 2009, show the following awards:
* Distinguished Flying Cross
* Purple Heart
* Air Medal with "V" Device and Numeral 18
* Army Commendation Medal
* Good Conduct Medal (3rd Award)
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Vietnam Cross of Gallantry with Palm (sic)
* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
4. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 71st Aviation Company, 14th Aviation Battalion, 23rd Infantry Division from 1 January 1971 to
30 September 1971. This form also shows he was assigned to Headquarters, 1st Aviation Battalion from 29 April 1972 to 20 June 1972.
5. Review of the Human Resources Command (HRC), Awards and Decorations, Unit Award website shows that Headquarters and Headquarters Company, 14th Aviation Battalion was awarded the Valorous Unit Award for the period
8 February - 7 April 1971. Review of the 14th Combat Aviation Battalion website failed to show that the 71st Aviation Company, 14th Aviation Battalion, was awarded the Valorous Unit Award during the applicant's assignment in the company/battalion in Vietnam.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's tenure of assignment to the 71st Aviation Company, 14th Aviation Battalion, 23rd Infantry Division the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February - 31 March 1971 by Department of the Army General Orders (DAGO) 42, dated 1972 and for the period 1 April - 30 April 1971 by DAGO 6, dated 1974.
7. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant's unit, 71st Aviation Company,
14th Aviation Battalion, 23rd Infantry Division, was twice awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment to that unit. Therefore, he is entitled to correction of his records to show two awards of this unit award.
2. There is no evidence of record and the applicant did not provide any evidence that shows the 71st Aviation Company, 14th Aviation Battalion was ever awarded the Valorous Unit Award. Therefore, he is not entitled to this award.
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 deleting from item 26 of his DD Form 214 for the period ending 17 February 1978 the "Vietnam Cross of Gallantry with Palm" and replacing it with the entry "Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)."
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 the Valorous Unit Award.
__________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.
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