BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100025421
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 awards of the:
* 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 with the 1st Battalion, 84th Field Artillery, 9th Infantry Division, from 15 September 1968 to 22 December 1968. His unit was awarded both awards by Department of the Army General Orders (DAGO).
3. The applicant provides 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 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 was inducted into the Army of the United States on 27 March 1968. He completed training and he was awarded military occupational specialty 13B (Field Artillery Crewman). He served in Vietnam from 4 September 1968 through 22 December 1968. He was assigned to the 1st Battalion, 84th Artillery.
3. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 26 March 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969.
6. Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 through 28 March 1973.
7. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
DISCUSSION AND CONCLUSIONS:
1. General orders cited his unit in Vietnam for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this unit awards.
2. All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
3. The evidence of record shows he was awarded the Vietnam Service Medal. Additionally, records show he participated in two campaign phases while serving in Vietnam. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
4. In view of the foregoing, his DD Form 214 should be corrected 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 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:
a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal, and
b. adding to item 24 of his DD Form 214 the:
* Vietnam Service Medal with two bronze service stars
*
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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) AR20100025421
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100025421
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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