IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100000668 


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 (Certificate of Release or Discharge from Active Duty) ending 21 September 1990, to delete the entry "Vietnam Cross of Gallantry w/Palm."

2.  The applicant states that this award was erroneously entered on his DD Form 214.

3.  The applicant provides, in support of his application, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 21 October 1971; and his DD Form 214 ending on 21 September 1990.

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.  On 12 March 1969, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 76P (Stock Control and Accounting Specialist).

3.  On 26 June 1970, the applicant departed Fort Lee, Virginia, for duty in the Republic of Vietnam.

4.  On 6 August 1970, the applicant was assigned for duty as a quartermaster parts specialist with the 5th Transportation Command.  On 5 October 1971, he was reassigned to the 1098th Transportation Company.

5.  General Orders Number 577, U.S. Army Support Command, Da Nang, dated 
14 October 1971, awarded the applicant the Army Commendation Medal for meritorious service in connection with ground operations against a hostile force.

6.  On 16 October 1971, the applicant returned to the United States.

7.  On 21 October 1971, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist five, pay grade E-5, and had completed 
2 years, 7 months, and 5 days 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, ending on 21 October 1971, lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with 1960 Device, and the Expert Marksmanship Qualification Badge with Rifle Bar.

9.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam he participated in the following two campaigns:  the Vietnam counteroffensive, Phase VII and the Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  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 1098th Transportation Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 6, dated in 1974, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  On 8 May 1987, the applicant enlisted in the Michigan Army National Guard, beginning in the rank of sergeant, pay grade E-5.  He was ordered to active duty and served with B Company, 360th Signal Battalion, 15th Signal Brigade, located at Fort Gordon, Georgia during the period from 15 June to 21 September 1990.

12.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 ending on 21 September 1990 lists his awards.  Included among these awards is the entry "Vietnam Cross of Gallantry w/Palm."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214, ending 21 September 1990, should be corrected to delete the entry "Vietnam Cross of Gallantry w/Palm."

2.  The available evidence clearly shows that the applicant's DD Form 214 ending on 21 September 1990 contains the following incorrect entry: "Vietnam Cross of Gallantry w/Palm."  Accordingly, and per his request, it should be removed.

3.  However, the evidence of record also shows that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this award should be shown on both of his DD Forms 214.

4.  General orders show that the applicant was awarded the Army Commendation Medal for his meritorious service in the Republic of Vietnam.  Therefore, this award should be shown on his DD Form 214 ending on 
21 October 1971.

5.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.

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:

	a.  deleting from Item 13 of his DD Form 214 ending on 21 September 1990: "Vietnam Cross of Gallantry w/Palm" and Vietnam Service Medal;

	b.  adding to Item 13 of his DD Form 214 ending on 21 September 1990: Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	c.  showing that, in addition to the awards shown on his DD Form 214 ending on 21 October 1971 his authorized awards include the Army Commendation Medal, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm 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.



ABCMR Record of Proceedings (cont)                                         AR20100000668





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)