IN THE CASE OF:
BOARD DATE: 13 May 2010
DOCKET NUMBER: AR20090019388
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 removal of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Vietnam Service Medal from his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 26 July 1996.
2. The applicant states he was never in Vietnam.
3. The applicant provides a copy of his DD Form 214 ending dated 26 July 1996.
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's records show he enlisted in the Army National Guard (ARNG) on 12 February 1977. He held military occupational specialty 76Y (Unit Supply Specialist) and he subsequently completed several periods of service in the Regular Army, U.S. Army Reserve, and ARNG.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his last DD Form 214 ending 26 July 1996 listed awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal.
4. There is no indication in his records that he served in Vietnam.
5. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. The member must be attached or assigned for 1 or more days with an organization participating in or directly supporting military operations.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units serving in Vietnam. DA General Orders Number 8, dated 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 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.
DISCUSSION AND CONCLUSIONS:
The applicant initially entered military service on 12 February 1977 and served through multiple enlistment or reenlistments in the ARNG, U.S. Army Reserve, and Regular Army. He served in Germany and Southwest Asia, but not in Vietnam. His last DD Form 214 ending 26 July 1996 erroneously listed the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal. Therefore, he is entitled to correction of his DD Form 214 to remove the erroneous 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 deleting from his DD Form 214 ending 26 July 1996 the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service 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) AR20090019388
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ABCMR Record of Proceedings (cont) AR20090019388
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