BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130016448
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) for the period ending 3 August 1969 (hereafter referred to as her DD Form 214) to show the Republic of Vietnam (RVN) Gallantry Cross.
2. The applicant states she earned this award but did not receive it.
3. The applicant provides her 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 29 September 1966, the applicant enlisted in the Regular Army. She completed training and was awarded military occupational specialty 71B (Clerk Typist).
3. Headquarters, Fifth Army Special Orders Number 129, dated 14 June 1968, show she was to be reassigned to the U.S. Army Vietnam Transient Detachment for further assignment to Support Troops Detachment with an expected arrival date of 6 August 1968.
4. Headquarters, U.S. Army Vietnam General Orders Number 2465, dated 8 July 1969, awarded her the Army Commendation Medal for service in Vietnam from August 1968 to July 1969. These orders show she was assigned to the Women's Army Corps Detachment, Special Troops, U.S. Army Vietnam.
5. On 3 August 1969, she was honorably discharged. She completed 2 years, 10 months, and 5 days of creditable active service with 11 months and 28 days of foreign service. Her DD Form 214 shows she was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Army Good Conduct Medal
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. The Vietnam campaigns are listed in appendix B. Her service in Vietnam coincided with the following campaigns:
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
7. 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 states in paragraph 6d that Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the RVN 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. General orders show she served in Vietnam from August 1968 to July 1969. Headquarters, U.S. Army Vietnam and its subordinate units were authorized the RVN Gallantry Cross with Palm Unit Citation during her period of service. Therefore, her DD Form 214 should be corrected to show this unit award.
2. She was awarded the VSM and evidence shows she participated in four campaigns while serving in Vietnam. Therefore, it would be appropriate to show her already-awarded VSM with four bronze service stars on her DD Form 214.
3. In view of the foregoing, the applicant is entitled to have her 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:
a. deleting the VSM from her DD Form 214 and
b. adding the following awards to her DD Form 214:
* RVN Gallantry Cross with Palm Unit Citation
* VSM with four bronze service stars
_______ _ 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) AR20130016448
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ABCMR Record of Proceedings (cont) AR20130016448
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