IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130013015
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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the issuance of a DD Form 215 (Correction to DD Form 214) to show this award.
2. The applicant states the Republic of Vietnam Gallantry Cross with Palm Unit Citation was authorized for all veterans who served in Vietnam.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 2 October 1964 and he held military occupational specialty 71B (clerk typist).
3. He served in Vietnam from 9 September 1966 through 3 September 1967, during two campaigns. He was assigned to the 73rd Aviation Company.
4. He was honorably released from active duty in pay grade E-3 on 26 January 1968. He completed 2 years, 11 months, and 28 days of net active service with 119 days of time lost. His DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
5. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the Vietnam Service Medal to denote participation in a named campaign.
6. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 73rd Aviation Company, was cited for award of the:
* Meritorious Unit Commendation, for the period 1 January through 31 December 1967, by Department of Army General Order (DAGO) umber 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 March 1966 through 26 March 1967, by DAGO Number 38, dated 1970
DISCUSSION AND CONCLUSIONS:
1. DAGO awarded the applicant's unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. Therefore, he is entitled to these unit awards and addition of these awards to his DD Form 214.
2. He served in Vietnam during two campaigns; therefore, he is entitled to award of two bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation
* issuing him a DD Form 215 to reflect the above changes
_______ _ __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) AR20130013015
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ABCMR Record of Proceedings (cont) AR20130013015
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