IN THE CASE OF:	  

		BOARD DATE:  6 November 2012

		DOCKET NUMBER:  AR20120007753 


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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge/Report of Separation from Active Duty) to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states Headquarters, Department of the Army, General Orders (DAGO) Number 8, dated 19 March 1974, authorized award the Republic of Vietnam Gallantry Cross with Palm Unit Citation to personnel who served in Vietnam.  He served in Vietnam during 1968 and 1969.  He was discharged on 1 April 1971 and the DAGO were issued after he was separated from the Army.

3.  The applicant provides copies of his two DD Forms 214 and Republic of Vietnam Gallantry Cross with Palm Unit Citation award criteria.

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 enlisted in the Regular Army (RA) on 31 August 1967 for a period of 3 years.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

   a.  item 29 (Qualification in Arms) – Sharpshooter, Rifle (M-14), 14 June 1969;

	b.  item 31 (Foreign Service) – Vietnam from 12 April 1968 through 11 April 1969;

	c.  item 38 (Record of Assignments) – Company D, 3d Battalion (Airborne), 503d Infantry, from 18 April 1968 through 7 April 1969;

4.  His DD Form 214 for this period of service shows he entered active duty on 31 August 1967 and he was honorably discharged on 26 September 1969 to reenlist in the RA.

	a.  He completed 2 years and 21 days of net active service that included 1 year of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* Combat Infantryman Badge (1st Award)
* Bronze Star Medal
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Parachutist Badge

5.  The applicant reenlisted in the RA on 27 September 1969 for a period of 3 years.

6.  His DD Form 214 for this period of service shows he was honorably discharged on 1 April 1971.

	a.  He completed 1 year, 6 months, and 1 day of net active service during this period; 2 years and 21 days of prior active service; and 3 years, 6 months, and 22 days of total service.

	b.  Item 26 (Decorations, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Bronze Star Medal
* Air Medal
* Vietnam Service Medal
* Parachutist Badge
* two overseas service bars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  A review of the applicant's military personnel records revealed that he may be authorized additional awards that are not shown on his two DD Forms 214.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that:

	a.  at the time of the applicant's assignment to Company D, 3d Battalion (Airborne), 503d Infantry, the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 October 1967 to 26 September 1970 by DAGO Number 51, dated 1971;

	b.  DAGO Number 8, dated 19 March 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; and

	c.  paragraph 6 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period, only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The evidence of record shows:

	a.  DAGO awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 October 1967 to 26 September 1970 and for the period 20 July 1965 to 28 March 1973;

		(1)  however, in the case of duplicate awards covering the same period, only one award will be recorded in official military and historical records;

		(2)  thus, the applicant is entitled to correction of his records to show this foreign unit award; and

	b.  the applicant qualified for award of the Vietnam Service Medal and he participated in four campaigns during his service in Vietnam.  Thus, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards as recommended below.



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 his DD Form 214 for the period ending 26 September 1969;

	b.  adding the following awards to his DD Form 214 for the period ending 26 September 1969:

* Vietnam Service Medal with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
	c.  deleting the Vietnam Service Medal from his DD Form 214 for the period ending 21 April 1971; and

	d.  adding the following awards to his DD Form 214 for the period ending 1 April 1971:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam 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)                                         AR20120007781



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ABCMR Record of Proceedings (cont)                                         AR20120007753



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