BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110023415
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 Combat Infantryman Badge (CIB) and any other awards authorized.
2. The applicant states, in effect, he served in the Republic of Vietnam (RVN) from September 1969 through September 1970 and was awarded the Purple Heart and Army Commendation Medal with V Device and Oak Leaf Cluster.
3. The applicant provides a copy of his DD Form 214 and a copy of his DA Form 20 (Enlisted Qualification Record).
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,
and 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. On 25 March 1969, the applicant was inducted into the Army of the United States. His records show he completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He served in the Republic of Vietnam (RVN) from 5 September 1969 through 4 September 1970.
3. The applicants official military personnel file (OMPF) contains orders issued by, Headquarters, 1st Infantry Brigade, 5th Infantry Division, Special Orders Number 341, dated 10 December 1969, awarding him the CIB. A DD Form 215 (Correction to DD Form 214) was issued on11 January 2012 awarding him the CIB. Therefore, this will not be discussed further.
4. The DD Form 214 he was issued at the time does not include the Valorous Unit Award, Republic of Vietnam Gallantry Cross W/Palm Unit Citation. His DD Form 214 shows he earned the following awards during his active duty tenure:
* National Defense Service Medal
* Vietnam Service Medal with 2 Bronze Service Stars
* Republic of Vietnam Campaign Medal
* Purple Heart
* Second Class Gunner Marksmanship Qualification Badge (M-60 machine gun)
* Army Commendation Medal V Device/1 Oak Leaf Cluster
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
5. 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. 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. 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:
* 61st Infantry Division, 1st Battalion, the unit to which the applicant was assigned, was cited for award of the Valorous Unit Award for the period
11-15 November 1969 by Department of the Army General Order (DAGO) Number 52, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicants unit in the RVN was awarded the Valorous Unit Award during his period of assignment. Therefore, his DD Form 214 for the period ending 29 January 1971 should be corrected to show the Valorous Unit Award.
2. The evidence of record confirms the applicant served in the RVN from 5 September 1969 through 4 September 1970 and therefore, his DD Form 214 for the period ending 29 January 1971 should be corrected to show the RVN Gallantry Cross with Palm Unit Citation.
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 was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Departments of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214:
* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation
__________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) AR20110023415
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ABCMR Record of Proceedings (cont) AR20110023415
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