IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100010493
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 the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he left active duty before the above award was authorized.
3. The applicant provides a copy of his DD Form 214.
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 15 June 1966. He completed the training requirements, including basic parachute training and training in military occupational specialty (MOS) 11F (Operations and Intelligence Specialist).
3. Following completion of 6 months of duty with the XVIII Airborne Corps, he was assigned to Vietnam with duties in his MOS.
4. His DA Form 20 (Enlisted Qualification Record) shows:
a. in item 33 (Appointments and Reductions), promotion to specialist five, (pay grade E-5) on 31 October 1967;
b. in item 38 (Record of Assignments), service in Vietnam with Headquarters and Headquarters Company (HHC), 173d Airborne Brigade (Separate) from 6 April 1968 to 31 March 1969;
c. item 41 (Awards and Decorations), National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Army Commendation Medal, Combat Infantryman Badge, two Overseas Service Bars, RVN Campaign Medal with Device (1960), Good Conduct Medal, Bronze Star Medal with Oak Leaf Cluster, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16).
5. The applicant was released from active duty on 1 April 1969 and transferred to the USAR Control Group (Reinforcement). His DD Form 214 list his awards as the National Defense Service Medal, RVN Campaign Medal with Device (1960), Good Conduct Medal, Vietnam Service Medal, Bronze Star Medal with Oak Leaf Cluster, Army Commendation Medal, Combat Infantryman Badge, Parachutist Badge and two Overseas Service Bars.
6. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows HHC, 173d Airborne Brigade was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 5 May 1965 - 26 September 1970 by Department of the Army General Order (DAGO) Number 51 of 1971.
7. Army Regulation 600-8-22 (Military Awards) provides that:
a. the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.
b. a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. A silver service star is authorized in lieu of five bronze service stars. Designated campaign periods for Vietnam include the Vietnamese Counteroffensive Phase IV, 2 April - 30 June 1968; Vietnamese Counteroffensive Phase V, 1 July - 1 November 1968; Vietnamese Counteroffensive Phase IV, 2 April - 30 June 1968; Vietnamese Counteroffensive Phase V, 1 July - 1 November 1968; Vietnamese Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; and the Tet 69/Counteroffensive, 23 February - 8 June 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he was separated before the RVN Gallantry Cross with Palm Unit Citation was authorized.
2. The applicant's Vietnam unit was awarded the subject award by DAGO Number 51, dated 1971.
3. The applicant's Vietnam tour of duty corresponds with five of the designated campaign periods. He is authorized a silver service star for wear on the Vietnam Service Medal.
4. The above discussed awards should be added to his DD Form 214.
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
adding to the applicant's DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a silver service star for wear on the Vietnam Service Medal.
____________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) AR20100010493
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100010493
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080017949
Therefore, he is entitled to have his records corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Bronze Star Medal and the Vietnam Service Medal; b. adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal with first oak leaf cluster, Vietnam Service Medal with four bronze service stars, Meritorious Unit...
ARMY | BCMR | CY2013 | 20130011416
Therefore, it would be appropriate at this time to correct the applicant's records to show award of the Purple Heart. The evidence of record shows: a. the applicant qualified for award of the Vietnam Service Medal and he served in six campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal; and b. adding the following awards to...
ARMY | BCMR | CY2009 | 20090015656
Records show that the applicant participated in five campaigns during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual be corrected by: a. deleting from item 24 of his DD Form 214 the Purple Heart and Vietnam Service Medal; b. awarding the applicant the Purple Heart with first oak leaf cluster for wounds received in action on 21 November 1968; and c. adding to item 24 of his DD Form 214 the Purple Heart with...
ARMY | BCMR | CY2009 | 20090018803
In this case it would be appropriate and in the interest of equity and justice to accept his statement that he was checked by the medic and to conclude his injuries met the requirement for award of the Purple Heart and to correct his DD Form 214 accordingly. The evidence confirms the applicant participated in 10 designated campaign phases during his two tours of duty in the RVN and as such he is entitled to two silver service stars for wear on his already-awarded Vietnam Service Medal. As...
ARMY | BCMR | CY2010 | 20100023416
The applicant requests correction of his record to show he was awarded the "Tet Offensive Campaign Medal." Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service...
ARMY | BCMR | CY2001 | 2001063764C070421
In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct errors and rectify injustices. a. served 1 year, 6 months and 26 days in Vietnam during his first enlistment and was authorized the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the RVN Campaign Medal, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor...
ARMY | BCMR | CY2010 | 20100000509
The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 29 (Qualification in Arms) that he qualified Marksman with the M-16 rifle on 29 December 1966; b. item 31 (Foreign Service) that he served in the Republic of Vietnam (RVN) from 16 February 1967 through 7 April 1969; c. item 38 (Record of Assignments) that he was assigned to: (1) Signal Company, 5th Special Forces Group (Airborne), 1st Special Forces, from 21 February through 7 May 1967; (2) Headquarters and...
ARMY | BCMR | CY2005 | 20050004761C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 NOVEMBER 2005 DOCKET NUMBER: AR20050004761 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant states that he received orders for the CIB in the field in Vietnam but, was not given the award citation and it was not included on his DD Form 214 (Armed Forces of the United States Report of Transfer...
ARMY | BCMR | CY2010 | 20100029027
Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying honorable active duty service from 10 June 1966 through 9 June 1969 and to add this award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of AGCM for his period of honorable active duty service from 10 June 1966 through 9 June 1969; b. deleting from item 24 of his DD Form 214...
ARMY | BCMR | CY2014 | 20140007986
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Master Parachutist Badge and the Combat Infantryman Badge (CIB) (2nd Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 for the period ending 9 June 1968 the VSM and the BSM; and b. adding to his DD Form 214 for the period ending 9 June 1968 * Master...