IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100027526
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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and any awards and citations for service in the 586th Engineer Company, 347th Transportation Company, and 558th Transportation Company.
2. He makes no additional statement.
3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 December 1965.
3. His service record contains one nonjudicial punishment under Article 15, Uniform Code of Military Justice, dated 8 December 1966, for being disrespectful in language toward his superior noncommissioned officer.
4. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he served in Vietnam from 2 July 1967 [sic] through 1 July 1967
* item 33 (Appointments and Reductions) he was promoted to specialist four (SP4)/E-4 on 19 October 1967
* item 38 (Record of Assignments) he was assigned to:
* 586th Engineer Company, Fort Benning, GA, from 14 March to 5 June 1966
* 347th Transportation Company in Vietnam from 7 July 1966 through 1 July 1967
* 558th Transportation Company, Fort Story, VA, from 8 August to 11 December 1967
* item 41 (Awards and Decorations) no entry for the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* item 41 the Vietnam Service Medal, National Defense Service Medal, and Republic of Vietnam Campaign Medal
5. He was released from active duty on 12 December 1967 in the rank of SP4 at the expiration of his term of service. He completed 1 year, 11 months, and 16 days of active military service with no lost time.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
7. References:
a. 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. Army Vietnam, and its subordinate units during the period 8 February 1962 to 28 March 1973.
b. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 347th Transportation Company, this unit was cited for award of the Meritorious Unit Commendation for the period 1 July 1966 to 28 February 1967 by Department of the Army General Orders Number 17, dated 1968.
c. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal. It states 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, participation credit was awarded for the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.
DISCUSSION AND CONCLUSIONS:
1. Headquarters, U.S. Army Vietnam, and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973. The applicant was assigned to a qualifying unit during this period. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
2. He was assigned to a unit in Vietnam that was cited for award of the Meritorious Unit Commendation. Therefore, his DD Form 214 should be corrected to show this award.
3. His DD Form 214 currently reflects the Vietnam Service Medal. Additionally, he received credit for participation in two campaigns during the Vietnam War. Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on 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 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 the Vietnam Service Medal from item 24 of his DD Form 214 and
b. adding the Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation 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) AR20100027526
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ABCMR Record of Proceedings (cont) AR20100027526
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