BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20140000082
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 the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.
2. She states she is entitled to the RVN Gallantry Cross with Palm Unit Citation because she served in Vietnam.
3. She 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 27 February 1967, the applicant enlisted in the Women's Army Corps.
3. Her DA Form 20 (Enlisted Qualification Record) shows she was assigned to Headquarters Company, U.S. Army Engineer Construction Agency, Vietnam (USAECAV), from 18 June 1969 to 2 January 1970.
4. On 5 January 1970, she was honorably discharged. Her DD Form 214 shows she was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal
5. Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:
a. Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.
b. Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.
6. 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. The Vietnam campaigns are listed in appendix B. During her service in Vietnam, she participated in the following four campaigns:
* 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)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Headquarters and Headquarters Company, USAECAV, was awarded the Meritorious Unit Commendation for the period 15 March 1968 to 30 November 1969, by DAGO Number 39, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Vietnam during a period for which all U.S. Army units were awarded the RVN Gallantry Cross with Palm Unit Citation. She also served with Headquarters and Headquarters Company, USAECAV, during a period for which the unit was awarded the Meritorious Unit Commendation. Therefore, she is entitled to correction of her DD Form 214 to show these unit awards.
2. Her participation in four campaigns during her Vietnam service entitles her to four bronze service stars for wear on her already-awarded Vietnam Service Medal. Her 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:
a. deleting from her DD Form 214 the Vietnam Service Medal and
b. adding to her DD Form 214 the:
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* RVN 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) AR20140000082
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140000082
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