BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140017268 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 May 1972 be corrected to show that the last three digits of his service number are “879” and a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that this DD Form 214 incorrectly shows that the last three digits of his service number are "379" instead of "879" and it does not reflect that he is authorized two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant provides a two-page letter explaining his application, copies of his two DD Forms 214, and copies of general orders awarding his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 12 November 1968 for a period of 3 years and training as a general vehicle mechanic.  The applicant was issued a service number ending in the last three digits of "879."  He completed his basic training at Fort Benning, Georgia and his advanced individual training as a mechanic at Fort Jackson, South Carolina.  He was transferred to Fort Benning for his first assignment.

3.  On 8 July 1969, he was transferred to Vietnam for assignment to Company D, 2nd Battalion, 22nd Infantry Regiment, 25th Infantry Division where he was honorably discharged on 9 January 1970 for the purpose of immediate reenlistment.  He reenlisted on 10 January 1970 for a period of 3 years.

4.  On 15 January 1970, he was transferred to C Troop, 1st Squadron, 11th Armored Cavalry Regiment where he remained until he departed Vietnam on      7 July 1970 for assignment to Fort Dix, New Jersey.

5.  On 11 May 1972, he was discharged under honorable conditions under the provisions of Army Regulation 635-212 for unsuitability due to apathy.  He had served a total of 3 years, 4 months and 27 days of active service and had 33 days of lost time due to being absent without leave (AWOL).  His DD Form 214 issued at the time of his discharge shows his service number ending in the last three digits of "379" and shows he was awarded the National Defense Service Medal, Bronze Star Medal, Vietnam Service Medal, Drill Instructor Badge, and Vietnam Campaign Medal.

6.  On 3 September 2014, a DD Form 215 (Correction to DD Form 214) issued by the staff of the Board deleted the awards of the Vietnam Service Medal and Drill Instructor Badge and added the awards of the Vietnam Service Medal with four bronze service stars, Drill Sergeant Identification Badge, Valorous Unit Award, Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and his marksmanship badge.  It is noted that the applicant's service number on this form also shows his last three digits as "379."

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows that the applicant's units were awarded three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to those units. 
8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, where a single unit received duplicate Vietnamese unit awards during the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been considered and found to have merit.

2.  The applicant's service number on his DD Form 214 for the period ending 11 May 1972 and the DD Form 215 correcting that form both contain an administrative error showing the last three numbers as "379" and should be corrected to reflect "879."

3.  Additionally, the applicant's two units in Vietnam were awarded three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  However, two of these awards were from the same unit.  Therefore, it would be appropriate to correct his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award). 

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 the service number in block 2 of his DD Form 214 for the period ending 11 May 1972 and in block 3 of his DD Form 215 showing the last three digits of "379" and replacing it with the same service number ending in the last three digits of "879"
* Deleting the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and replacing it with the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)

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)                                         AR20140017268





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ABCMR Record of Proceedings (cont)                                         AR20140017268



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