IN THE CASE OF:	  

		BOARD DATE:	  23 April 2013

		DOCKET NUMBER:  AR20120017664 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 31 July 1970 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states:

* the award was not previously awarded when the Vietnam Service Medal and Republic of Vietnam  Campaign Medal with Device (1960) were awarded in 1970
* he was not  informed of  the authorization for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation until he obtained a copy, in September 2012, of Department of the Army General Order (DAGO) Number 8, dated 19 March 1974
* at no time since 1974 did any local personnel service units discover this award omission

3.  The applicant provides:

* DD Form 214 ending 31 July 1970
* DAGO 8, dated 19 March 1974



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 on 13 September 1967.  He completed training and was awarded military occupational specialty (MOS) 64B (Heavy Truck Driver).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned in Thailand during the period 21 February 1968 to 31 July 1970 and assigned to the 569th Transportation Company, 519th Transportation Battalion.

4.  On 31 July 1970, the applicant was honorably released from active duty.  His DD Form 214 shows he completed 2 years, 10 months, and 18 days of creditable active military service.  His DD Form 214 for this period shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

5.  After having a break in service, the applicant enlisted again in the Regular Army, on 30 June 1972.  He completed training and was awarded MOS 64C (Motor Transport Operator).  He was honorably discharged on 1 July 1974 and reenlisted on 2 July 1974.  His DD Form 214 ending on 1 July 1974 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal (listed twice)
* Meritorious Unit Commendation
* Driver's Badge
* Rifle Badge (M-14)



6.  The applicant's DD Form 214 covering the period 2 July 1974 to 2 April 1978 shows his primary MOS as 64C and his secondary MOS as 11B (Infantryman).   He was honorably discharged on 2 April 1978 and reenlisted on 3 April 1978.  His DD Form 214 ending on 2 April 1978 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Driver's Badge
* Meritorious Unit Commendation
* Army Good Conduct Medal (1st Award)
* Army Commendation Medal

7.  After having completed sufficient service for retirement, the applicant was retired on 31 December 1990 and was placed on the Retired List on 1 January 1991 in the rank/grade of sergeant first class/E-7.  His DD Form 214 ending 31 December 1990 shows award of the following:

* Army Service Ribbon
* Overseas Service Ribbon (4th Award)
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal
* Meritorious Service Medal
* Noncommissioned Officer's Professional Development Ribbon (3d Award)
* Army Commendation Medal with 3rd Oak Leaf Cluster
* Vietnam Service Medal
* Army Achievement Medal with 1st Oak Leaf Cluster
* Meritorious Unit Commendation
* Marksmanship Qualification Badge with Pistol Bar (.45 caliber) and Rifle Bar (M-16)

8.  The applicant provides a copy of DAGO Number 8, dated 19 March 1974.

9.  DAGO 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.




10.  Army Regulation 600-8-22 (Military Awards) states:

	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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  "Direct support" is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.  

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It further states to list awards in priority sequence as specified in Army Regulation 600-8-22 and that each entry will be verified by the Soldier's record.  





DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation was carefully considered.

2.  DAGO Number 8, dated 1974, awarded 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.  The unit to which the applicant was assigned in Thailand, the 569th Transportation Company, 519th Transportation Battalion, was not a subordinate unit to either Headquarters.

3.  In view of the above, the applicant is not entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

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)                                         AR20120017664



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ABCMR Record of Proceedings (cont)                                         AR20120017664



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