IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100009357 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* Army Commendation Medal
* Bronze Star Medal
* Cold War Medal [correctly known as the Cold War Recognition Certificate]

2.  The applicant states he has orders that show he received the Army Commendation Medal and the Bronze Star Medal.  He was in the unit during the period of time for award of the RVN Gallantry Cross with Palm Unit Citation and the Cold War Recognition Certificate.  

3.  The applicant provides orders for award the Bronze Star Medal and the Army Commendation Medal in support of his application.

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 has requested award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. 

3.  After completing prior enlisted service, the applicant was appointed as a commissioned officer on 11 October 1968 with a concurrent call to active duty.  

4.  He served in Vietnam from 4 September 1969 to 3 September 1970 with Company D, 19th Engineer Battalion.  

5.  The applicant was released from active duty on 5 September 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 5 September 1970 DD Form 214 shows he was awarded the National Defense Service Medal, the RVN Campaign Medal, and the Vietnam Service Medal.  

6.  On 25 September 1970, Headquarters, 18th Engineer Brigade published orders which awarded the applicant the Bronze Star Medal for the period September 1969 to September 1970.  

7.  On 14 October 1970, Headquarters, 18th Engineer Brigade published orders which awarded the applicant the Army Commendation Medal for the period 1 February 1970 to 24 July 1970.  

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 pamphlet shows the unit to which the applicant was assigned was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 May to 7 November 1970 by Headquarters, Department of the Army General Order (DAGO) Number 60, dated 1974.

9.  Headquarters, DAGO Number 8, dated 1974, awarded all units which served in Vietnam the RVN Gallantry Cross with Palm Unit Citation.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Summer - Fall 1969, Vietnam Winter - Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The RVN Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The applicant was assigned to a unit which served in Vietnam.  Therefore, his DD Form 214 should be amended to show the RVN Gallantry Cross with Palm Unit Citation.

2.  The applicant was assigned to a unit during a period of time that unit was awarded the RVN Civil Actions Honor Medal First Class Unit Citation.  His DD Form 214 should be amended to show this award, also.

3.  Orders show the applicant was awarded the Army Commendation Medal and the Bronze Star Medal and these awards should be added to his DD Form 214.  

4.  The applicant's DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on 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 the Vietnam Service Medal from item 24 of his 5 September 1970 DD Form 214 and replacing it with the Vietnam Service Medal with four bronze service stars; and

	b.  adding the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, the Army Commendation Medal, the Bronze Star Medal, and the Vietnam Service Medal with four bronze service stars to item 24 of his 5 September 1970 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)                                         AR20100009357





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ABCMR Record of Proceedings (cont)                                         AR20100009357



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