IN THE CASE OF:
BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140008285
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 he be awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and any other awards to which he is entitled.
2. The applicant states he was never awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
3. The applicant provides no additional documents with his application.
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 was inducted on 24 June 1968. He completed his basic training and his advanced individual training as a heavy vehicle driver.
3. On 29 March 1969, he was transferred to Vietnam for assignment to the 359th Transportation Company and served there in three campaigns until he departed Vietnam on 24 March 1970 and was honorably released from active duty (REFRAD). His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal (VSM), Bronze Star Medal, and Vietnam Campaign Medal.
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 applicants unit was cited for awards of the Meritorious Unit Commendation (MUC), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Gallantry Cross with Gold Star Unit Citation during the period he served with the unit.
5. Army Regulation 600-8-22 (Military Awards), 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in three campaigns and is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.
2. The applicants unit was awarded the MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Gallantry Cross with Gold Star Unit Citation during the period he served with the unit and 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:
* Deleting from his DD Form 214 the Vietnam Service Medal
* Adding to his DD Form 214 the Vietnam Service Medal with three bronze service stars, MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Gallantry Cross with Gold Star 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) AR20140008285
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140008285
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