IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100026971
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 the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
* All other authorized awards
2. The applicant states the requested awards were left off his DD Form 214 upon leaving Vietnam and the Army.
3. The applicant provides:
* his DD Form 214
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 30 September 2010
* General Orders Number 190, issued by Headquarters, 12th Evacuation Hospital, dated 17 July 1969
* his DA Form 20 (Enlisted Qualification Record)
* his DD Form 47 (Record of Induction)
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 requested that the Republic of Vietnam Campaign Medal with Device (1960), as he identifies as the "VCAM" on his application, be added to his DD Form 214. His DD Form 214 currently shows he was awarded this medal. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. The applicant was inducted into the Army of the United States on 20 March 1968. He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He arrived in Vietnam on 15 February 1969. He was assigned to Company C, 2nd Battalion, 27th Infantry, 25th Infantry Division.
4. The applicant departed Vietnam en route to the continental United States on 31 July 1969. He was retired by reason of permanent disability on 7 April 1970. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Purple Heart
* Army Good Conduct Medal
* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
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 2nd Battalion, 27th Infantry, the unit to which the applicant was assigned during the period 15 February to 31 July 1969, was cited for award of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by DAGO Number 51, dated 1971
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted; however, his records do not show his unit in Vietnam was cited for award of the Presidential Unit Citation, Valorous Unit Award, or the Meritorious Unit Commendation during his period of assignment. Therefore, there is no basis for granting this portion of his request.
2. His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 should be corrected to show these unit awards.
3. There is no evidence the applicant is entitled to any additional awards. Therefore, there is no basis for granting this portion of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ __X_____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ 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 adding to item 24 of his DD Form 214:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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 adding to item 24 of his
DD Form 214 the:
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
* Any other awards or decorations
_______ _ 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) AR20100026971
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ABCMR Record of Proceedings (cont) AR20100026971
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