IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140003354
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the Valorous Unit Award (VUA) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant states he was unaware his unit had been awarded these awards.
3. The applicant provides a copy of the orders that awarded his unit the VUA.
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 19 February 1968 for a period of 3 years. He served in four campaigns in Vietnam from 13 July 1968 to 6 July 1969 while assigned to the 299th Engineer Battalion.
3. He was honorably released from active duty on 18 February 1971. His DD Form 214 shows he was awarded or authorized the:
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar
4. 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 299th Engineer Battalion, during the period in which the applicant was assigned, was cited for award of the VUA, for actions during the period 9 May 1969 to 1 July 1969, by Department of the Army General Orders Number 43, dated 1970.
5. Department of the Army Pamphlet 672-3, paragraph 6d, states that Department of the Army General Orders 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.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. In this case it is the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in four campaigns and is entitled to wear four bronze service stars on his already awarded Vietnam Service Medal and to have them added to his DD Form 214.
2. Additionally, his unit was awarded the VUA and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period in which he was assigned. Therefore, he is entitled to have those awards 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 amending his DD Form 214 to delete the Vietnam Service Medal and add the following individual and unit awards:
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
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) AR20140003354
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ABCMR Record of Proceedings (cont) AR20140003354
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