IN THE CASE OF:	  

		BOARD DATE:	  20 July 2010

		DOCKET NUMBER:  AR20100000381 


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 military records to show award of the Republic of Vietnam Campaign Medal with Device (1960) and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

2.  The applicant states:

* He should have been awarded the above mentioned awards
* He needs these awards for Department of Veterans Affairs (DVA) benefits    

3.  The applicant provides:

* DD Form 214 (Report of Transfer or Discharge)
* DA Form 1577 (Authorization for Issuance of Awards)

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 enlisted in the Regular Army on 11 January 1971 for a period of 2 years.  He arrived in Vietnam on 4 September 1971.  His DA Form 20 (Enlisted Qualification Record) shows he served as a lineman assigned to the 147th "LEM" Company in Vietnam from 29 September 1971 until he was hospitalized on 
4 November 1971 and transferred to the United States on 8 November 1971 for further medical treatment.  On 30 October 1972, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.      

3.  The applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.   

4.  There is no evidence of record which shows the applicant was hospitalized on 4 November 1971 due to wounds as a result of hostile action in Vietnam.

5.  In support of his claim, the applicant provided a DA Form 1577, dated 
29 January 1988.  The remarks section on this form states, in pertinent part, the applicant was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It also states the Republic of Vietnam Campaign Medal was awarded by the Republic of Vietnam. 

6.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

7.  Department of the Army General Orders Number 8, 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:

1.  Although the applicant contends he should have been awarded the Republic of Vietnam Campaign Medal with Device (1960), and he provided a DA Form 1577 which states the Republic of Vietnam Campaign Medal was awarded by the Republic of Vietnam, evidence of record shows he served in Vietnam from 
4 September to 8 November 1971, this is a total of 2 months and 5 days.  Since there is no evidence of record which shows he was evacuated from Vietnam prior to completing 6 months of service due to wounds resulting from hostile action he is not eligible for the Republic of Vietnam Campaign Medal with Device (1960).  

2.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The FSM served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

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 adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation on his DD Form 214. 





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 adding the Republic of Vietnam Campaign Medal with Device (1960) on his DD Form 214.




      _______ _  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)                                         AR20100000381



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ABCMR Record of Proceedings (cont)                                         AR20100000381



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