BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130020122
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 record to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant states he earned the award and did not receive it.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 13 November 1968.
3. Special Orders Number 23, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Dix, Fort Dix, NJ, dated 23 January 1969, awarded him the:
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)
* 1st Class Gunner (now Sharpshooter) Marksmanship Qualification Badge with Grenade Bar
4. He served in Vietnam during the period 26 June 1970 to 12 June 1971. While in Vietnam, he was assigned to the 573rd Military Intelligence Detachment.
5. On 17 June 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows award of the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
6. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:
* DA Sanctuary Counteroffensive (1 May 1970 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 30 June 1971)
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 shows the 573rd Military Intelligence Detachment was cited for award of the Meritorious Unit Commendation for the period 1 January through 31 December 1970 by Department of the Army General Orders (DAGO) Number 52, dated 1974, and for the period 1 January 1971 through 12 February 1973 by DAGO 6, dated 1976.
8. DAGO 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.
DISCUSSION AND CONCLUSIONS:
1. Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar; therefore, he is entitled to correction of his DD Form 214 to show these badges.
2. General orders awarded the unit to which he was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation (2nd Award); therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
3. Records show the applicant participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal. Therefore, his DD Form 214 should be corrected to show these bronze service stars.
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 his DD Form 214 as follows:
* removing the Vietnam Service Medal
* adding the following:
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and
M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
__________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) AR20130020122
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ABCMR Record of Proceedings (cont) AR20130020122
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