IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015607
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 his authorized awards.
2. The applicant states that he attended his unit's Vietnam reunion and the attendees were told that many awards were never passed out. His unit was in support of several infantry and artillery units. Their officers told them many would be put in for the Silver Star, Bronze Star Medal, etc., but none were received.
3. The applicant provides a copy of his 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. The applicant enlisted in the Regular Army on 19 June 1967. He held military occupational specialty 16F (Light Air Defense Artillery Crewmember).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 31 (Foreign Service) he began his service in Vietnam on 10 February 1968.
b. Item 38 (Record of Assignments) that during his service in Vietnam he was assigned to Battery C, 5th Battalion, 2nd Artillery, from 14 February 1968 through
5 February 1969.
4. He was honorably released from active duty on 18 June 1970 as a sergeant/E-5. He had completed 3 years and 7 days of total active service. His DD Form 214 lists his authorized awards as the
* National Defense Service Medal
* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
5. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between
1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any award orders pertaining to the applicant.
6. Department of the Army Pamphlet 672-3 (unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows:
a. 5th Battalion, 2nd Artillery, was cited for award of the Meritorious Unit Commendation for the period 5 April 1967-30 September 1968 in Department of the Army General Orders (DAGO) Number 60, dated 1969, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
2 December 1966-15 January 1971 in DAGO Number 51, dated 1971, as amended by DAGO Number 54, dated 1974.
b. Battery C, 5th Battalion, 2nd Artillery, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 April 1967-30 June 1968 in DAGO Number 31, dated 1969, as amended by DAGO Number 43 dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 24 April 1967-28 June 1969 by DAGO Number 59, dated 1969 as amended by DAGO Number 43, dated 1970.
c. paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.
DISCUSSION AND CONCLUSIONS:
1. During his service in Vietnam, his units were cited for award of the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
2. There is no available evidence that he was recommended for or awarded any individual decorations other than those shown on his DD Form 214.
3. His 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 the evidence presented is 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 his DD Form 214 the following awards
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (Two Awards)
* Republic of Vietnam Civil Actions Honor Medal First Class 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) AR20100025029
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015607
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