RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


BOARD DATE: 	  15 May 2007
	DOCKET NUMBER:  AR20060016608 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Gerard W. Schwartz

Acting Director

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Ms. Yolanda Maldonado

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Gerald J. Purcell

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show award of the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Army Service Medal, and the Bronze Star Medal.

2.  The applicant states, in effect, when he left the Republic of Vietnam he wore these medals on his uniform.  The applicant continues that he was given a Citation for award of the Bronze Star but never received the medal only an empty box.  The applicant continues that he would like his medals replaced and a copy of the Citation for award of the Bronze Star Medal.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 10 October 1971, and a one-page listing of possible unit awards authorized for the 801st Maintenance Battalion in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 10 October 1971, the date of his release from active duty and transfer to the United States Army Reserve (USAR).  The application submitted in this case is dated 18 November 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of his records to show award of the Bronze Star Medal.  There are no orders or other evidence that the applicant was authorized this award.  In the absence of authority for this award, the applicant may request award of the Bronze Star Medal under the provisions of Section 1130 of Title 10, United States Code.  
4.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

5.  Records show that the applicant was inducted in the Army of the United States on 8 December 1969.  He completed basic training and advanced individual training and was awarded military occupational specialty 63C (Vehicle Repairman).  

6.  Records show that he was assigned to Company C, 801st Maintenance Battalion of the 101st Airborne Division.  Records further show that the applicant served in the Republic of Vietnam during the period 10 October 1970 through 9 October 1971.

7.  The applicant was honorably released from active duty on 10 October 1971 and transferred to the USAR Control Group (Annual Training). 

8.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 Rifle.  However, item 24 does not show he was awarded the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, or the Republic of Vietnam Campaign Medal with Device 1960.

9.  There are no orders in the applicant's service personnel records which show that he was awarded the Presidential Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for actions during the period 1 November 1970 through 30 April 1971, based on Department of the Army General Orders Number 33, dated 1973.




11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).  The applicant's records show that he served in Vietnam from 9 May 1970 through 8 May 1971. 

13.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  His records indicate he participated in the Vietnam Counteroffensive Phase VI and the Consolidation 1.  

14.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in two campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the Presidential Unit Citation, Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, and the Army Service Medal based on being assigned to duty in the Republic of Vietnam.


2.  There is no evidence and the applicant did not provide sufficient evidence showing that the applicant's unit was authorized award of the Presidential Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for qualifying service in the Republic of Vietnam.  Therefore, there is no basis to correct his records to show these awards.

3.  Orders awarded the applicant the Meritorious Unit Commendation during his service in Vietnam.  Therefore, the applicant is entitled to correction of his record to show award of the Meritorious Unit Commendation.

4.  Orders awarded the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

5.  Orders awarded the applicant the Republic of Vietnam Campaign Medal with Device 1960 during his service in Vietnam.  Therefore, he is entitled to have his record corrected to show this foreign unit award.

6.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show that the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to have his record corrected to show two bronze service star to be affixed to his previously awarded the Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 October 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 October 1974.  Although the applicant did not file within the 3-year statute of limitations, it would be appropriate to waive failure to timely file based on the relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___LD____   _YM____   _GJP     GRANT PARTIAL RELIEF 

_______   ________   ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device 1960, and two bronze service stars to be affixed to his previously awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Presidential Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




__Yolanda Maldonado___
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.