IN THE CASE OF: BOARD DATE: 8 February 2011 DOCKET NUMBER: AR20100018853 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 omitted awards, including unit awards and awards issued by the Republic of Vietnam (RVN). 2. The applicant states his unit received a "meritorious award" that is not on his DD Form 214. 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 10 August 1965 for a period of 3 years. He was honorably released from active duty on 29 August 1968 by reason of expiration of term of service. 3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal (VSM) with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * two Overseas Service Bars 4. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) he served in the RVN from 22 January 1966 through 21 January 1967 * in item 38 (Record of Assignments) he served with Company A, 588th Engineer Battalion (Combat) from 22 January 1966 to 16 January 1967 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 588th Engineer Battalion was cited for award of the Meritorious Unit Commendation (MUC) for the period November 1965 through February 1967 by Department of the Army General Orders (DAGO) Number 17, dated 1968. 6. Department of the Army Pamphlet 672-3, paragraph 6d, states that Department of the Army General Orders 8, 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. 7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The version in effect at the time stated for item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized. DISCUSSION AND CONCLUSIONS: 1. The evidence of record supports the applicant's request for correction of his DD Form 214 to show additional awards. 2. He served with the 588th Engineer Battalion during a period for which the unit was awarded the MUC. Therefore, he is entitled to correction of his DD Form 214 to show this unit award. 3. Headquarters, U.S. Army Vietnam and its subordinate units was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973. Therefore, he is entitled to correction of his DD Form 214 to show this unit award. 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 item 24 of his DD Form 214 the: * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation ____________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) AR20100018853 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018853 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1