IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100024535
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:
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
2. The applicant states he served in Vietnam from 26 July 1968 to 25 July 1969 with the 15th Administration Company, 1st Cavalry Division.
3. The applicant provides:
* DD Form 214
* Copy of Page 20, DA Pamphlet 672-3
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 served in the Regular Army (RA) from 26 January 1965 through 1 February 1971. He served in Vietnam from 26 July 1968 to 25 July 1969.
3. The applicant was honorably discharged from the RA on 1 February 1971. He was then without a military connection until he enlisted in the US Army Reserve (USAR) on 26 August 1991. He served in the USAR until honorably discharged on 15 October 1997.
4. The applicant's official Military Personnel Records Jacket (MPRJ) conatins very few records pertaining to his RA service. In particular, there is no DA Form 20 (Enlisted Qualification Record).
5. 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, US Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. In order to determine which unit and or foreign awards a Soldier might be entitled to, the Soldier's unit of assignment must be known and verified. The document shows the 15th Administration Company was awarded:
* Presidential Unit Citation for the period 23 October to 26 November 1965
* Valorous Unit Award for the period 1 May to 29 June 1970
* Meritorious Unit Commendation for the period 1 October 1967 to 30 June 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be added to his DD Form 214 based on his assignment to the 15th Administration Company in Vietnam from 26 July 1968 to 25 July 1969.
2. The applicant's MPRJ does not contain the necessary documentation to verify his unit of assignment while in Vietnam from 26 July 1968 to 25 July 1969. Under the circumstances, there is no way to verify his entitlement to the Meritorious Unit Commendation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
3. The applicant's entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation can be verified based on Department of the Army General Orders Number 8, dated 1974, which approved that Vietnamese unit award for all units in Vietnam.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ GRANT PARTIAL
________ ________ ________ 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 showing he was awarded 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 the Meritorious Unit Commendation and 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) AR20100024535
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100024535
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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