IN THE CASE OF:
BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130018080
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 (Certificate of Release or Discharge from Active Duty) to show award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.
2. The applicant states she received the RVN Gallantry Cross with Palm Unit Citation and wants to have it recorded on her DD Form 214.
3. The applicant provides a copy of her DD Form 214 ending on 3 October 1979.
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 1 August 1958, the applicant enlisted in the Regular Army as a member of the Women's Army Corps (WAC). She reenlisted in 1961, 1964, 1965, 1969, and 1976.
3. On 15 September 1969, the applicant departed Oakland, CA for duty in Vietnam.
a. On 4 November 1969, and she was assigned to Headquarters and Headquarters Detachment HHD), 1st Logistical Command for duty as an administration supervisor.
b. On 1 April 1970, she was assigned to the U.S. Army Property Disposal Agency.
c. On 15 June 1970, she was assigned to the Special Staff Company, U.S. Army Vietnam.
d. On 16 October 1970, she departed Vietnam en route to the United States.
4. On 31 October 1979, the applicant retired by reason of sufficient service for retirement. She attained the rank/grade of sergeant first class SFC/E-7 and completed 20 years and 23 days of creditable active duty service. The applicant's DD Form 214 lists her awards as the:
* National Defense Service Medal
* Vietnam Service Medal (4 campaigns)
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Army Commendation Medal with three oak leaf clusters (4th Award)
* Good Conduct Medal (6th Award)
* Meritorious Service 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 the 1st Logistical Command was cited for award of the Meritorious Unit Commendation for the period 15 April 1968 through
30 April 1970 by Department of the Army General Order (DAGO) Number 19 dated 1974.
6. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam 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:
Her unit was cited for award of the Meritorious Unit Commendation during her period of assignment. Additionally all units in Vietnam were cited in DAGO Number 8 for award of the Republic of Vietnam Gallantry Cross with Palm Unit citation. Therefore, her DD Form 214 should be corrected to show 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 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 adding to the awards already shown on her DD Form 214 for the period ending 31 October 1979 the:
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm 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) AR20130018080
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ABCMR Record of Proceedings (cont) AR20130018080
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