IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150004230 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 all awards he earned during his service in Vietnam. 2. The applicant states the decorations he earned while in service are not listed on his DD Form 214, and it is possible that the personnel file was not accessed when issuing his DD Form 214. 3. The applicant does not provide any documentary evidence. 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. On 3 April 1967, the applicant enlisted in the Regular Army. He completed initial entry training and he was awarded military occupational specialty 94B (Cook). 3. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 39 (Campaigns): * Tet Counteroffensive * Vietnam Counteroffensive Phase IV * Vietnam Counteroffensive Phase V * Vietnam Counteroffensive Phase VI * Tet 69 Counteroffensive * Item 31 (Foreign Service) – he served in the Republic of Vietnam (RVN) from 29 February 1968 through 28 February 1969 * Item 38 (Record of Assignments): * Company C, 87th Engineer Battalion – Vietnam from 4 March 1968 to 8 October 1968 * Company D, 87th Engineer Battalion – Vietnam from 9 October 1968 to 20 February 1969 4. On 28 May 1970, he was honorably released from active duty in the rank/pay grade of private (PVT)/E-2. He served 1 year in the RVN. He completed 3 years of active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with five bronze service stars * RVN Campaign Medal with Device (1960) * Two Overseas Service Bars * Sharpshooter Marksmanship Qualification Badge 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. 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. DISCUSSION AND CONCLUSIONS: All units assigned to Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation; therefore, this unit award should be added to the applicant's 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 the RVN Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214. _____________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) AR20130017382 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004230 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1