IN THE CASE OF:	  

		BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110010597 


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 add the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states:

* he is eligible for this unit award for his service with the 7th Squadron, 1st Cavalry, and the 3rd Squadron, 17th Cavalry, during the period 22 February 1967 to 17 May 1968
* there is no indication of the Republic of Vietnam Gallantry Cross with Palm Unit Citation on his DD Form 214

3.  The applicant provides:

* information about the 7th Squadron, 1st Cavalry, and 3rd Squadron, 17th Cavalry
* 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 15 May 1967.  He arrived in Vietnam on 10 December 1967.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  he served as an airframe repairman assigned to the 39th Transportation Company Detachment in Vietnam from 16 December 1967 to 8 July 1968 and

	b.  he was assigned to the 574th Transportation Company Detachment in Vietnam from 9 July 1968 to 13 December 1968.

4.  Headquarters, 7th Armored Squadron, 1st Air Cavalry, Special Orders Number 239, dated 11 December 1968, show he was reassigned from Troop B, 7th Squadron, 1st Air Cavalry, in Vietnam to the 90th Replacement Battalion in Vietnam for transportation to the continental United States effective 12 December 1968.

5.  On 16 December 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

6.  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)

7.  There is no evidence that shows he was assigned to the 3rd Squadron, 17th Cavalry, in Vietnam.

8.  Records show he participated in five campaigns during his assignment in Vietnam.

9.  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 7th Squadron, 1st Cavalry, and 3rd Squadron, 17th Cavalry, were each cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 to 17 May 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969.  However, there is no evidence that shows the applicant was assigned to these units during this period.

10.  Neither the39th Transportation Company Detachment nor the 574th Transportation Company Detachment are listed in Department of the Army Pamphlet 672-3.

11.  DAGO Number 8, dated 1974, awarded 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.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  His contention he is eligible for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for his service with the 7th Squadron, 1st Cavalry, and 3rd Squadron, 17th Cavalry, during the period 22 February 1967 to 17 May 1968 was noted.  However, there is no evidence of record and he provided no evidence that shows he was assigned to these units during this time frame.  The evidence does show he was assigned to Troop B, 7th Squadron, 1st Air Cavalry, on 11 December 1968 when his redeployment orders were published, but there is no evidence that unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation on that date.

2.  However, 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; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  He participated in five campaigns during his service in Vietnam which entitles him to the Vietnam Service Medal with one silver 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 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 adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one silver service star for wear on 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)                                         AR20110010597



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ABCMR Record of Proceedings (cont)                                         AR20110010597



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