IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100025999 


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, the Good Conduct Medal, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to his DD Form 214 (Report of Transfer or Discharge).  He also requests the Vietnam Service Medal with three bronze service stars be shown on his DD Form 214.

2.  The applicant states:

* His DD Form 214 is incomplete
* His DD Form 214 does not reflect the awards listed on his DA Form 1577 (Authorization for Issuance of Awards) 

3.  The applicant provides:

* DA Form 1577, dated 27 May 1993
* 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.  He enlisted in the Regular Army on 14 October 1966 for a period of 3 years.  He arrived in Vietnam on 15 September 1967.  He served as a unit and organization supply specialist assigned to the 699th Transportation Company in Vietnam from 1 September 1967 to 15 April 1969.  On 12 September 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  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), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

4.  Records show he participated in six campaigns during his assignment in Vietnam.

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 applicant's unit was cited for award of the:

* Meritorious Unit Commendation for actions during the period 2 September 1967 to 31 March 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Gold Star for actions during the period 23 October 1966 to 24 April 1971 by DAGO Number 24, dated 1972

6.  DAGO Number 8, 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.

7.  A DD Form 215 (Correction to DD Form 214), dated 21 January 1971, amended his DD Form 214 by adding the Good Conduct Medal to item 
24.  Therefore, this portion of his request will not be discussed further in these proceedings.  A copy of the DD Form 215 will be provided to the applicant. 
8.  He provided a DA Form 1577, dated 27 May 1993, which shows he was issued the:

* Good Conduct Medal
* Meritorious Unit Emblem
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

This form also stated he was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

9.  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.  A silver service star will be worn in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  His unit was cited for the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Gold Star while he was assigned to it.  His DD Form 214 should be corrected to show these unit awards.

2.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

3.  The DA Form 1577 provided by the applicant which shows he was issued the Vietnam Service Medal with three bronze service stars was noted.  However, he participated in six campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star and one bronze service star.  His DD Form 214 should be corrected to show this award.
 








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 Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Gold Star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star and one bronze service star to his already-awarded Vietnam Service Medal to item 24 of his DD Form 214. 



      _______ _   _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)                                         AR20100025999





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100025999



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1