BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130013435
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 (Certificate of Release or Discharge from Active Duty) to show the Republic of Vietnam (RVN) Gallantry Cross with Silver Star.
2. The applicant states he was personally awarded the RVN Gallantry Cross with Silver Star while serving in Vietnam in 1969. The award is reflected on his DA Form 2-1 (Personnel Qualification Record) but not on his DD Form 214. He states his DD Form 214 erroneously shows the RVN Gallantry Cross Unit Citation Badge instead of the individual foreign award.
3. The applicant provides copies of:
* RVN Gallantry Cross with Silver Star orders and related documentation
* page 1 of DA Form 2-1
* 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. On 30 September 1989, the applicant retired from active duty for length of service in the rank of lieutenant colonel upon completion of more than 22 years of active service.
3. His DA Form 2-1 shows, in pertinent part, in:
* item 9 (Awards, Decorations and Campaigns)
* RVN Gallantry Cross with Silver Star
* RVN Gallantry Cross with Palm Unit Citation
* item 31 (Foreign Service) - he was credited with service in Vietnam from 21 March 1969 to 14 March 1970
4. Page 2 of his DA Form 66 (Officer Qualification Record) shows in item 18 (Record of Assignments) he was assigned to -
* 203d Aviation Company, performing duties as a fixed-wing aviator and section leader during the period 28 March 1969 to 16 July 1969
* 156th Aviation Company, performing duties as a section commander during the period 17 July 1969 to 14 March 1970
5. Official Order Number 125, issued by the RVN, awarded him the RVN Gallantry Cross with Silver Star in recognition of bravery and experience that he displayed in the field. A Headquarters, U.S. Army Vietnam letter, dated 3 September 1969, authorized him to accept and wear this award and to have it entered in his personnel records.
6. His DD Form 214 lists the RVN Gallantry Cross Unit Citation Badge. It does not list the RVN Gallantry Cross with Silver Star.
7. A review of his record indicates entitlement to an additional award not listed on his DD Form 214.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the:
* 203d Aviation Company was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 28 October to 6 December 1970
* 156th Aviation Company was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 January 1970 to 3 March 1971
DISCUSSION AND CONCLUSIONS:
1. Official Order Number 125 awarded the applicant the RVN Gallantry Cross with Silver Star. He was authorized to accept and wear and have this award entered in his personnel record. Therefore, he is entitled to have this award added to his DD Form 214.
2. His units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Therefore, he is entitled to have these unit awards shown on his DD Form 214.
3. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 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 adding to his DD Form 214 the RVN Gallantry Cross with Silver Star and RVN Civil Actions Honor Medal First Class 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) AR20130013435
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ABCMR Record of Proceedings (cont) AR20130013435
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