IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100025085
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of the awards he is authorized including the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant states he was unaware of his additional authorized awards until he saw a Veterans Affairs Officer.
3. The applicant provides a Standard Form 180 (Request Pertaining to Military Records) and 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 was inducted into the Army on 5 September 1968. He completed training as an armor reconnaissance specialist.
3. He arrived in Vietnam on 4 February 1969. He was assigned to Company A, 75th Support Battalion, 1st Brigade, 5th Infantry Division. He participated in the following campaigns:
* Vietnamese Counteroffensive Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69/Counteroffensive Campaign, which extended from 23 February through 8 June 1969
* Vietnam Summer - Fall 1969 Campaign, which extended from 9 June through 31 October 1969
* Vietnam Winter - Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970
4. The applicant departed Vietnam en-route to the U.S. on 3 February 1970. He was released from active duty on 4 September 1970. The DD Form 214 he received does not show he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. However, his DD Form 214 shows he was awarded the Vietnam Service Medal with three bronze service stars.
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, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted.
2. The evidence of record shows he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citations. This award should be added on his DD Form 214.
3. He is also authorized a fourth bronze service star to be affixed to his already-awarded 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 amending his DD Form 214 to show he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with four bronze service stars.
_______ _ __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) AR20090005994
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100025085
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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