IN THE CASE OF:
BOARD DATE: 10 October 2013
DOCKET NUMBER: AR20130003049
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 show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Valorous Unit Award.
2. The applicant states he is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation per Headquarters, Department of the Army, General Orders (DAGO) Number 8, dated 19 March 1974, and the Valorous Unit Award per U.S. Army Human Resources Command (HRC) Permanent Orders 252-09, dated 9 September 2009. His DD Form 214 was issued before the award orders were published. Retroactive corrections are not automatic, but must be requested.
3. The applicant provides:
* HRC Permanent Orders 252-09, dated 9 September 2009 (two copies)
* Valorous Unit Award Certificate and Citation (two copies)
* Internet printout of unit awards (two copies)
* DD Form 214
* undated statement pertaining to the association between tinnitus and post-traumatic stress disorder
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 1 September 1967. He completed training as a combat engineer. He arrived in Vietnam on 5 February 1968 and he was assigned to Company B, 19th Engineer Battalion.
3. The applicant participated in the following four campaigns:
* Tet Counteroffensive (30 January through 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April through 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July through 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 through 22 February 1969)
4. He departed Vietnam en route to the United States on 3 February 1969. He was honorably released from active duty on 31 August 1970 at the expiration of his term of service.
5. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* two overseas service bars
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
6. The applicant provides a copy of HRC Permanent Orders 252-09, dated 9 September 2009, showing the unit to which he was assigned was awarded the Valorous Unit Award for extraordinary heroism in action against an armed enemy during the period 16 July 1967 to 31 December 1968.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. The evidence shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation in DAGO Number 8, dated 1974, and the Valorous Unit Award in HRC Permanent Orders 252-09, dated 9 September 2009.
3. In view of the foregoing, the applicant's request should be granted.
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 award of the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation to 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) AR20130003049
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ABCMR Record of Proceedings (cont) AR20130003049
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