IN THE CASE OF:
BOARD DATE: 1 February 2011
DOCKET NUMBER: 20100017458
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1989 be corrected to show award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.
2. The applicant states the above award was included on his DD Form 214 for the period ending 5 December 1977, but it was not included on the DD Form 214 for the period ending 31 August 1989 when he retired from the Regular Army (RA).
3. The applicant provides a copy of the DD Form 214 ending 5 December 1977
and the DD Form 214 ending 31 August 1989.
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 is a retired RA sergeant first class/pay grade E-7.
3. His DA Form 2-1 (Personnel Qualification Record) shows in item 5 Overseas Service):
* Vietnam from 8 May 1970 through 13 April 1971
* Korea from 16 March 1974 through 8 March 1975
* Korea from 22 September 1986 through 29 January 1987
4. Item 26 (Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 for the period ending 5 December 1977 includes the RVN Gallantry Cross.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All Periods)) of his DD Form 214 ending 31 August 1989, does not list the RVN Gallantry Cross with Palm Unit Citation.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning military awards. The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003. It is authorized for award to members of the armed forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. Department of the Army General Orders 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation. This award should be added to his
DD Form 214 for the period ending 31 August 1989.
2. The available records clearly show he was assigned in the Republic of Korea, from on or about 14 March 1974 to 8 March 1975. Therefore, his DD Form 214 should be corrected to show award of the Korea Defense Service Medal.
3. In view of the foregoing, it would be appropriate to correct the applicants records as recommended below.
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 the RVN Gallantry Cross with Palm Unit Citation and the Korea Defense Service Medal to item 13 of his DD Form 214 for the period ending 31 August 1989.
____________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) AR20100000026
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ABCMR Record of Proceedings (cont) AR20100017458
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