IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130004128
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, "Cold War Medal," and all awards to which he is entitled.
2. The applicant states his DD Form 214 does not show these awards.
3. The applicant provides a copy of his DD Form 214.
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 requested award of the "Cold War Medal," presumed to mean the Cold War Recognition Certificate. The award of the Cold War Recognition Certificate is not governed by Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to the U.S. Army Human Resources Command, Cold War Recognition Program, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5408. Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings.
3. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were destroyed in that fire. However, the DD Form 214 provided by the applicant contains sufficient evidence for the Board to conduct a fair and impartial review of this case.
4. The applicant's DD Form 214 shows he enlisted in the Regular Army on 5 August 1969. He completed training and was awarded military occupational specialty 76Y (unit supply specialist). He served in:
* Thailand from 21 April 1970 through 26 June 1970
* Okinawa from 27 June 1970 through 24 September 1971
5. He was honorably released from active duty on 10 February 1972. He completed 2 years, 6 months, and 6 days of net active service with 2 days of lost time. His DD Form 214 lists in:
* item 12 (Last Assignment and Major Command) Headquarters and Headquarters Company, 1st Brigade, U.S. Army Institute for Military Assistance, Third U.S. Army
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbon Awarded or Authorized) National Defense Service Medal, Vietnam Service Medal, and Meritorious Unit Commendation
6. 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 serving in Vietnam during the period 8 February 1962 through 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units serving in Vietnam during the period 20 July 1965 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Thailand and Okinawa during his period of active duty. Although he was awarded the Vietnam Service Medal, his unit of assignment remains unknown and it is unclear how he earned this award (entered the theater of operations or provided direct support to the war in Vietnam).
2. In the absence of his unit of assignment, there is insufficient evidence to determine his entitlement to 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 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) AR20130004128
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ABCMR Record of Proceedings (cont) AR20130004128
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