IN THE CASE OF:
BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20130016174
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 her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show she is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant states she earned the award and she did not receive it.
3. The applicant provides DD Forms 214 dated 18 July 1969 and 29 March 1972.
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 25 July 1966. She completed training as an administrative specialist. She arrived in Vietnam on 10 May 1968 and was assigned to Woman's Army Corps (WAC) Detachment, Special Troops, United States (U.S.) Army Vietnam.
3. She participated in the following five campaigns:
* Vietnam Counteroffensive, Phase IV Campaign, which extended from 2 April through 30 June 1968
* Vietnam Counteroffensive, Phase V Campaign, which extended from 1 July through 1 November 1968
* Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969
* Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969
4. On 1 July 1969, General Orders Number 2327 were published awarding the applicant the Army Commendation Medal for meritorious service from May 1968 to July 1969.
5. On 17 July 1969, the applicant departed Vietnam en-route to the United States. She was honorably discharged as an overseas returnee on 18 July 1969. Her DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
6. The applicant again enlisted in the Regular Army on 29 August 1969. She was honorably discharged on 29 March 1972, due to pregnancy. Her DD Form 214 for this period shows the entry "None" in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
7. 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 during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars.
9. Army Regulation 635-5 (Separation Documents) is the authority on the preparation of the DD Form 214. The regulation in effect at that time states, from the DA Form 20 (Enlisted Qualification Record), enter all decorations, service medals, campaign credits, and badges awarded or authorized.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. The available evidence does show that the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders Number 8, dated 1974. This award should be added on her DD Form 214.
3. She was awarded the Army Commendation Medal in General Orders Number 2327. This award should be added on her DD Form 214.
4. The applicant is authorized a silver service star to be affixed to her already-awarded Vietnam Service Medal based on her campaign participation.
5. In view of the foregoing, her records should be corrected as recommended below.
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 amending both of her DD Forms 214, dated 29 March 1972, to show the following awards:
* National Defense Service Medal
* Vietnam Service Medal with one silver service star
* Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* The Army Commendation Medal
_______ _ __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) AR20130016174
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130016174
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