IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20130016588
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 that the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to his DD Form 214.
2. The applicant states that his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time he served on active duty and he would like to have the award added to his DD Form 214.
3. The applicant provides a copy of his units lineage and honors.
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 10 March 1969 for a period of
2 years under the Officer Candidate School (OCS) enlistment option. He completed basic training at Fort Leonard Wood, Missouri and advanced individual training as field artillery operations and intelligence assistant at Fort Sill, Oklahoma before being transferred to Fort Belvoir, Virginia to attend engineer OCS.
3. The applicant was relieved from OCS and transferred to Vietnam on
30 October 1969 for assignment to D Battery, 1st Battalion, 14th Artillery Regiment.
4. He served in four campaigns and departed Vietnam on 20 October 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on 20 October 1970 as an overseas returnee. He had served 1 year, 7 months, and 11 days of active service and the DD Form 214 he was issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Bronze Star Medal with One Oak Leaf Cluster, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Army Good Conduct Medal.
5. 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 his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, which is the Vietnam Service Medal in this case.
DISCUSSION AND CONCLUSIONS:
1. The applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit; therefore, he is entitled to have that award added to his DD Form 214.
2. Additionally, he served in four campaigns and is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal. These bronze service stars should be added to his DD Form 214.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 the Vietnam Service Medal from his DD Form 214
* Adding the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his
DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20130016588
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ABCMR Record of Proceedings (cont) AR20130016588
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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