BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20130015166
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 Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
2. The applicant states he left Vietnam before these awards were annotated in his records.
3. The applicant provides:
* Headquarters, 25th Infantry Division, Special Orders Number 210, dated 28 July 1968
* DD Form 214
* excerpts from Department of the Army General Orders (DAGO) Number 5, dated 1973
* excerpts from DAGO Number 51, dated 1971
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's military records are not available for review. However, the applicant has provided sufficient documents to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 4 January 1968 and held military occupational specialty 11B (Light Weapons Infantryman). He attained the rank/grade of specialist four/E-4 during his period of active duty service.
4. He provided Headquarters, 25th Infantry Division, Special Orders Number 210, dated 28 July 1968, awarding him the Combat Infantryman Badge.
These orders show he was assigned to Company B, 2nd Battalion, 22nd Infantry Regiment, 25th Infantry Division.
5. He was honorably released from active duty on 19 December 1969. His DD Form 214 shows he completed 1 year, 11 months, and 16 days of net active service, of which 11 months and 27 days was credited as foreign service in Vietnam. His DD Form 214 does not list the dates of his Vietnam service. He was authorized or awarded the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Meritorious Unit Citation
6. 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 2nd Battalion, 22nd Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to 31 August 1968 in DAGO Number 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970 in DAGO Number 51, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. The only records for review in this case were those provided by the applicant. His DD Form 214 and the special orders he provided were sufficient to show he was assigned to Company B, 2nd Battalion, 22nd Infantry Regiment, 25th Infantry Division, on 28 July 1968. However, there was no evidence to verify his exact dates of service in Vietnam, which units he was assigned to, or what period he was assigned to the unit identified in the special orders he provided.
2. Nevertheless, the special orders and DD Form 214 he provided were sufficient to show that by virtue of the unit he was assigned to on 28 July 1968, DAGO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.
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 Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class 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) AR20130015166
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