IN THE CASE OF:
BOARD DATE: 15 July 2010
DOCKET NUMBER: AR20100007055
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 4 August 1971 be corrected 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.
2. The applicant states, in effect, that he served in the Republic of Vietnam and he is entitled to wear the above-mentioned awards.
3. The applicant provides no additional documentation in support of this case.
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 was inducted into Army on 5 August 1969. He successfully completed basic training and advanced individual training and he was awarded military occupational specialty 12B (Combat Engineer).
3. The applicant arrived in the Republic of Vietnam (RVN) on 23 January 1970 and he was assigned to D Company, 19th Engineer Battalion (Combat). He departed the RVN on 26 November 1970.
4. On 4 August 1971, the applicant was honorably released from active duty.
5. The applicant's DD Form 214 for the period ending 4 August 1971 does not show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
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. Army Regulation 600-8-200 (Military Awards) provides in pertinent part that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document does not show that at the time of the applicants assignment to the D Company, 19th Engineer Battalion (Combat) it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the applicant's DD Form 214 should be amended to add this award.
2. During the period the applicant was assigned to D Company, 19th Engineer Battalion (Combat) in the RVN this unit was not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by the Vietnamese Government. Unfortunately, the award cannot be added 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 to the applicant's DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
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 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.
ABCMR Record of Proceedings (cont) AR20100007055
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ABCMR Record of Proceedings (cont) AR20100007055
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