BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090019824
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 records to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant states the National Personnel Records Center (NPRC) advised him that he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
3. The applicant provides a memorandum from the NPRC, dated 27 July 2006.
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 applicant enlisted in the Regular Army on 4 January 1966 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 76Y (Unit Supply Specialist).
3. The applicant arrived in Vietnam with A Battery, 7th Battalion, 9th Artillery on 8 October 1966. He departed Vietnam on 24 September 1967.
4. On 18 December 1968, the applicant was honorably released from active duty after completing 2 years, 11 months, and 15 days of creditable active service.
5. The applicant's DD Form 214 for the period ending 18 December 1968 shows he was awarded the National Defense Service Medal, the Army Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge (Rifle).
6. Department of the Army 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.
7. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation to the 7th Battalion, 9th Artillery for the period 3 November 1966 to 31 March 1970.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his records to show he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. Pertinent Army records show all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant's DD Form 214 should be amended to add this award.
3. Pertinent Army records also show the applicant's unit, the 7th Battalion, 9th Artillery was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. The applicant's DD Form 214 should be amended to add this 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 amending his DD Form 214 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
_______ _ __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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