BOARD DATE: 18 August 2009 DOCKET NUMBER: AR20090005490 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 records to show the "Vietnam Gallantry, Vietnam Civil Actions, and Commendation Medals." 2. The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and official records fail to show these awards. 3. The applicant provides a DD Form 214 in support of his application. 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 14 December 1965 for a period of 3 years. He served as a switchboard operator assigned to Company A, 121st Signal Battalion, in Vietnam from 12 June 1966 through 1 June 1967. He served as a switchboard operator assigned to the 593rd Signal Company in Vietnam from 1 July 1968 through 30 November 1968. On 3 December 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 3. The applicant's DD Form 214 shows the Vietnam Service Medal, the National Defense Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards. 4. A DD Form 215 (Correction to DD Form 214), dated 21 February 1989, amended the applicant's DD Form 214 by deleting the Vietnam Service Medal and adding the Vietnam Service Medal with three bronze service stars, the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Since the DD Form 215 shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation, this portion of the applicant's request will not be discussed further in these proceedings. A copy of the DD Form 215 will be provided to the applicant. 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This publication shows the 121st Signal Battalion was awarded the Meritorious Unit Commendation for actions during the period June 1966 to May 1967 based on Department of the Army General Orders Number 17, dated 1968. This unit is also entitled to a second award of the Meritorious Unit Commendation for actions during the period 1 June 1967 to 31 May 1968 based on Department of the Army General Orders Number 1, dated 1969. The 593rd Signal Company was awarded the Meritorious Unit Commendation for actions during the period 1 August 1968 to 31 March 1969 based on Department of the Army General Orders Number  7, dated 1970. 6. Department of the Army Pamphlet 672-3 also shows the 121st Signal Battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970. DISCUSSION AND CONCLUSIONS: 1. The 121st Signal Battalion received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned to it. Therefore, his DD Form 214 should be corrected to show this unit award. 2. The 121st Signal Battalion received two awards of the Meritorious Unit Commendation while the applicant was assigned to it. The 593rd Signal Company received one award of the Meritorious Unit Commendation while the applicant was assigned to it. Therefore, his DD Form 214 should be corrected to show three awards of the Meritorious Unit Commendation. 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 Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and three awards of the Meritorious Unit Commendation to 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) AR20090005490 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090005490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1