IN THE CASE OF:
BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130006867
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 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant states the medal was not clearly established for all personnel in Vietnam until it was confirmed in Department of the Army General Orders (DAGO) Number 8, dated 19 March 1974.
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 enlisted in the Regular Army on 9 June 1964. He completed training and was awarded military occupational specialty 31J (Teletypewriter Repaiman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* Item 31 (Foreign Service), Vietnam from 14 August 1966 through 10 August 1967
* item 38 (Record of Assignments)
* Company B, 8th Radio Research Unit, Vietnam, for the period 18 August 1966 to 17September 1966
* Company B, 8th Radio Research Field Station, Vietnam, for the period 18 September 1966 to 8 August 1967
4. On 7 June 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).
5. His DD Form 214 shows he was awarded or authorized the:
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
6. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:
* Vietnam Counteroffensive Phase II (1 July 1966 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 29 January 1968)
7. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 was awarded the Vietnam Service Medal and he served in Vietnam during two campaigns; therefore, he is entitled to correction of his
DD Form 214 to show this award with two bronze service stars.
2. General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this award.
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 from his DD Form 214 the Vietnam Service Medal and
b. adding to his DD Form 214 the:
* Vietnam Service Medal with 2 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) AR20130006867
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ABCMR Record of Proceedings (cont) AR20130006867
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