IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150006816 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 military records to show award of: a. Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation; b. Cold War Recognition Certificate; and c. Global War on Terrorism Service Medal (GWOTSM) 2. The applicant states his chain of support failed to take the necessary action concerning these awards. 3. The applicant provides copies of: * Special Orders Number 222, 293rd Engineer Battalion, dated 3 November 1969 * Special Orders Number 27, 36th Engineer Battalion, dated 29 January 1971 (Front side only) * Orders M-043-0001, 85th Division (Training Support), dated 12 February 2002 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 has requested award of the Cold War Recognition Certificate. The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. 3. On 23 August 1968, the applicant enlisted in the Regular Army. 4. Special Orders Number 27, 36th Engineer Battalion, dated 29 January 1971, as provided by the applicant, indicate the applicant was serving in the RVN at the time and was pending separation from active duty. 5. The applicant’s DD Form 214 (Armed Forces Report of Transfer or Discharge from Active Duty) effective 31 March 1971 shows: a. His last duty assignment was with the 36th Engineer Battalion in the RVN; b. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement); and c. His awards included: * National Defense Service Medal * Vietnam Service Medal * RVN Vietnam Campaign Medal 6. A DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 11 February 2002 to 30 September 2003, indicates he served on active duty as a member of the USAR. His awards and decorations are listed as: * Army Commendation Medal (3rd award) * Army Achievement Medal * Army Good Conduct Medal * Army Reserve Components Achievement Medal (7th award) * National Defense Service Medal (3rd award) * Vietnam Service Medal with 3 bronze service stars * Humanitarian Service Medal * Armed forces Reserve Medal (2nd award) * Armed Forces Reserve Medal with “M” Device * Military Outstanding Volunteer Service Medal * Noncommissioned Officer Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Overseas Service Ribbon * Army Reserve Component Overseas Training Ribbon * RVN Campaign Medal with 1960 Device 10. Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that the 36th Engineer Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 5, dated in 1973 for award of the Meritorious Unit Commendation. 12. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973. Headquarters, U.S. Army Vietnam and its subordinate units were authorized this medal for the period 20 July 1965 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his military records should be corrected to show award of: a. RVN Gallantry Cross with Palm Unit Citation; and b. GWOTSM. 2. The available evidence shows the applicant served in the RVN in 1971 with the 36th Engineer Battalion. Therefore, his records should be corrected to show award of: * RVN Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation 3. The available evidence shows that the applicant served on active duty as a member of the USAR in 2002 and 2003. Therefore, he is authorized award of the GWOTSM, which should be shown in his records. 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, particularly his DD Form 214 issued in 2003, be corrected by showing, in addition to the awards already shown, that his awards include: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation * Global War on Terrorism 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) AR20140000079 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006816 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1