IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100028804
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 Meritorious Unit Commendation.
2. The applicant states:
* He is missing two awards
* The awards were announced after he left active enlisted service in 1973
* He was commissioned in 1977 but his enlisted records were never matched to his commissioned records
* He had no knowledge these awards were made or that he might be eligible
* He believes he has earned both awards
3. The applicant provides:
* DD Forms 214 (Report of Transfer or Discharge) for the periods ending 17 September 1969 and 6 June 1973
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1990
* Certificate of Achievement
* List of Aerial Delivery Unit Citations
* Information on the Vietnam Gallantry Cross
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. He enlisted in the Regular Army (RA) on 7 November 1966 for a period of
3 years. He served as a parachute rigger in Vietnam assigned to the 623rd Quartermaster Company from 28 August 1967 to 17 August 1968. On
17 September 1969, he was released from active duty in the temporary rank of sergeant after completing 2 years, 10 months, and 11 days of creditable active service with no time lost.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 17 September 1969 shows the:
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* 2d Class Gunner (M-60 machine gun)
4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the applicant's unit, 623rd Quartermaster Company, at the time of his assignment was cited for award the Meritorious Unit Commendation for the period 1 January 1967 to 1 March 1968 by Department of the Army General Orders (DAGO) Number 67, dated 1968.
5. 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.
6. He served in the RA from 8 October 1969 to 6 June 1973 in an enlisted status. He was appointed a second lieutenant in the U.S. Army Reserve on
21 May 1977 and he entered active duty on 10 June 1977. On 30 November 1990, he retired in the rank of major.
7. His DD Forms 214 for the periods ending 6 June 1973 and 30 November 1990 do not show the Republic of Vietnam Gallantry Cross with Palm Unit Citation or Meritorious Unit Commendation as authorized awards.
DISCUSSION AND CONCLUSIONS:
1. His unit was cited for the Meritorious Unit Commendation while he was assigned to it. His DD Form 214 for the period ending 17 September 1969 should be corrected to show this unit award.
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 all of his DD Forms 214.
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 and Republic of Vietnam Gallantry
Cross with Palm Unit Citation to all of his DD Forms 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) AR20100028804
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100028804
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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