IN THE CASE OF:
BOARD DATE: 12 January 2011
DOCKET NUMBER: AR20100018193
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 records be corrected to add awards of the Meritorious Unit Commendation (MUC) and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.
2. The applicant states that he served in Vietnam with the 6th Battalion, 56th Artillery Regiment, from 5 June 1966 to 3 June 1967 and the unit was awarded the MUC and the RVN Gallantry Cross with Palm Unit Citation for the period he served with the unit.
3. The applicant provides:
* a copy of his DA Form 2-1 (Personnel Qualification Record Part II)
* a copy of orders assigning him to Vietnam
* a copy of General Orders Number 17
* a copy of a portion of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
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 enlisted in the Regular Army on 23 August 1963. He served in Vietnam from 5 June 1966 to 3 June 1967 with Headquarters Battery, 6th Battalion, 56th Artillery Regiment. He participated in three campaigns.
3. He was promoted to pay grade E-7 on 12 October 1975. On 31 May 1984, he was honorably released from active duty and he was transferred to the Retired List effective 1 June 1984. He completed 20 years, 9 months, and 8 days of total active service. His DD Form 214 reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Meritorious Service Medal (2 oak leaf clusters), the Army Commendation Medal (1 oak leaf cluster), the Army Good Conduct Medal (6th award), the Army Service Ribbon, the Noncommissioned Officer Professional Development Ribbon, the Overseas Service Ribbon (2d award), the Army Achievement Medal, and the Gold Recruiter Badge with Sapphire Star.
4. Army Pamphlet 672-3 was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the MUC during the period he was assigned to the unit.
5. Army Regulation 600-8-22 (Military Awards) provides for the wear of a bronze service star on the appropriate service medal, to include the Vietnam Service Medal, for each credited campaign participation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and found to have merit.
2. The applicant's unit in Vietnam was subsequently awarded the RVN Gallantry Cross with Palm Unit Citation and the MUC during the period he was assigned to the unit. Accordingly, he is entitled to have those awards added to his records at this time. He is also authorized to wear three bronze service stars on his Vietnam Service Medal.
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending his DD Form 214 to add the RVN Gallantry Cross with Palm Unit Citation and the MUC and to show he is authorized to wear three bronze service stars on his Vietnam Service Medal.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20100018193
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ABCMR Record of Proceedings (cont) AR20100018193
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