IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090018731
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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant states that this foreign award was not authorized until after his discharge.
3. The applicant provides a copy of his DD Form 214.
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. On 27 June 1966, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and he was awarded military occupational specialty 68E (Aircraft Rotor and Propeller Repairman).
3. On 12 January 1967, the applicant departed Fort Eustis, VA, for duty in the Republic of Vietnam.
4. On 31 January 1967, the applicant was assigned to the 545th Transportation Detachment.
5. On 30 November 1967, the applicant was promoted to the rank/grade of specialist five (SP5)/E-5.
6. On 16 January 1968, the applicant returned to the continental United States for duty at Hunter Army Airfield, GA.
7. On 26 June 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He completed 3 years of creditable active duty service.
8. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal with two bronze service stars, [Republic of] Vietnam Campaign Medal with Device (1960), Aircraft Crewman Badge, Army Good Conduct Medal, and the National Defense Service Medal.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that the 545th Transportation Detachment, during the time of the applicant's assignment, was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 22, dated 1968 and DAGO Number 46, dated 1969.
10. Paragraph 6 (Miscellaneous Information) of the same reference 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. The applicant contends that his DD Form 214 should be corrected to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicants unit was cited in general orders for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his records should be corrected to show two awards of this foreign unit award.
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 adding to item 24 of his DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two 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) AR20090018731
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