BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110018873
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 (RVN) Civil Actions Honor Medal First Class Unit Citation.
2. He states he believes is entitled to the RVN Civil Actions Honor Medal First Class Unit Citation. He served in the 1st Cavalry Division during his tour in Vietnam, and he was not aware the award was given to the unit.
3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), DD Form 215 (Correction to DD Form 214), and page 163 of The Vietnam War Almanac.
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 was inducted into the Army of the United States on 17 April 1964.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam with Battery A, 3d Battalion, 18th Artillery, from 23 October 1965 to 5 April 1966.
4. He was honorably released from active duty on 15 April 1966. His DD Form 214, as amended by a DD Form 215, does not show the RVN Civil Actions Honor Medal First Class Unit Citation.
5. A review of historical records shows 3d Battalion, 18th Artillery, was attached to the 1st Cavalry Division during the applicant's service in Vietnam.
6. He provides page 163 of The Vietnam War Almanac, which states the 1st Cavalry Division received the "Vietnamese Civil Action Medal."
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. The pamphlet does not show Battery A, 3d Battalion, 18th Artillery, was awarded the RVN Civil Actions Honor Medal First Class Unit Citation; however, the 1st Cavalry Division was cited for this award for the period 1 January 1969 to 1 February 1970.
DISCUSSION AND CONCLUSIONS:
The evidence of record does not show the applicant was assigned to a unit during a period for which it was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, he is not entitled to correction of his record to show this unit award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x__ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20110018873
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ABCMR Record of Proceedings (cont) AR20110018873
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