IN THE CASE OF: BOARD DATE: 7 October 2010 DOCKET NUMBER: AR20100010493 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 the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he left active duty before the above award was authorized. 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 15 June 1966. He completed the training requirements, including basic parachute training and training in military occupational specialty (MOS) 11F (Operations and Intelligence Specialist). 3. Following completion of 6 months of duty with the XVIII Airborne Corps, he was assigned to Vietnam with duties in his MOS. 4. His DA Form 20 (Enlisted Qualification Record) shows: a. in item 33 (Appointments and Reductions), promotion to specialist five, (pay grade E-5) on 31 October 1967; b. in item 38 (Record of Assignments), service in Vietnam with Headquarters and Headquarters Company (HHC), 173d Airborne Brigade (Separate) from 6 April 1968 to 31 March 1969; c. item 41 (Awards and Decorations), National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Army Commendation Medal, Combat Infantryman Badge, two Overseas Service Bars, RVN Campaign Medal with Device (1960), Good Conduct Medal, Bronze Star Medal with Oak Leaf Cluster, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16). 5. The applicant was released from active duty on 1 April 1969 and transferred to the USAR Control Group (Reinforcement). His DD Form 214 list his awards as the National Defense Service Medal, RVN Campaign Medal with Device (1960), Good Conduct Medal, Vietnam Service Medal, Bronze Star Medal with Oak Leaf Cluster, Army Commendation Medal, Combat Infantryman Badge, Parachutist Badge and two Overseas Service Bars. 6. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows HHC, 173d Airborne Brigade was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 5 May 1965 - 26 September 1970 by Department of the Army General Order (DAGO) Number 51 of 1971. 7. Army Regulation 600-8-22 (Military Awards) provides that: a. the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. b. a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. A silver service star is authorized in lieu of five bronze service stars. Designated campaign periods for Vietnam include the Vietnamese Counteroffensive Phase IV, 2 April - 30 June 1968; Vietnamese Counteroffensive Phase V, 1 July - 1 November 1968; Vietnamese Counteroffensive Phase IV, 2 April - 30 June 1968; Vietnamese Counteroffensive Phase V, 1 July - 1 November 1968; Vietnamese Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; and the Tet 69/Counteroffensive, 23 February - 8 June 1969. DISCUSSION AND CONCLUSIONS: 1. The applicant states that he was separated before the RVN Gallantry Cross with Palm Unit Citation was authorized. 2. The applicant's Vietnam unit was awarded the subject award by DAGO Number 51, dated 1971. 3. The applicant's Vietnam tour of duty corresponds with five of the designated campaign periods. He is authorized a silver service star for wear on the Vietnam Service Medal. 4. The above discussed awards should be 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: 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 adding to the applicant's DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a silver service star for wear on the Vietnam Service Medal. ____________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) AR20100010493 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100010493 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1