RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 June 2007
	DOCKET NUMBER:  AR20070000043 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. LaVerne M. Douglas

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards and decorations to which he is entitled. 

2.  The applicant states, in effect, that his DD Form 214 does not show the National Defense Service Medal; the Republic of Vietnam Campaign Medal, with "1960" Device; the Valorous Unit Award; the Presidential Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation. 

3.  The applicant provides a copy of his DD Form 214 and a copy of the history of the 299th Engineer Battalion, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 27 January 1966, the date of his release from active duty.  The application submitted in this case is dated 15 December 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's record shows he was inducted into the Army of the United States on 28 January 1964.  The applicant successfully completed basic combat training and advanced individual training at Fort Leonard Wood, Missouri.  On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 62E, Construction Machine Operator.

4.  The applicant was advanced to pay grade E-4 on 4 August 1965.  He served in Vietnam from 1 October 1965 to 25 January 1966.  He served until he was released from active duty on 27 January 1966.  He was transferred to the USAR Control Group (Annual Training).  

5.  The applicant’s DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bars; the Vietnam Service Medal; and the Good Conduct Medal, 1st award.  His DD Form 214 does not show any additional awards.

6.  The applicant provides a copy of the history of the 299th Engineer Battalion which shows the unit awards and campaign participation credit the unit was awarded or entitled to for specific time periods.

7.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with "1960" Device.  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 "1960" Device.

9.  DA Pamphlet 672-3 shows that the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.  This unit award is not shown on the applicant's DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation [PUC] (known as the Distinguished Unit Citation until 3 November 1966) is awarded to units for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 


11.  Department of the Army Pamphlet 672-3 indicates that the applicant's unit was not cited for award of the Presidential Unit Citation for actions during the period 27 September 1965 to 25 January 1966.  The same pamphlet indicates that the applicant's unit was not cited for award of the Valorous Unit Award, or the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for actions during the same period. 

12.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the two bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served a period of qualifying service for award of the National Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

2.  The evidence shows that the applicant completed less than 6 months of qualifying service in Vietnam for award of the Republic of Vietnam Campaign Medal with "1960" Device.  The evidence shows he did not meet the criteria for this award.  Therefore, he is not entitled to correction of his records to show this award.

3.  The applicant's unit was cited for award of the Republic of Vietnam 
Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  He is therefore entitled to correction of his records to show this unit award.

4.  The evidence of record shows that the applicant’s unit was not cited for award of the Valorous Unit Award; the Presidential Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for actions during the period 27 September 1965 to 25 January 1966.  Therefore, he is not entitled to correction of his records to show these unit awards.

5.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in two campaigns and he is therefore entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  The history of the 299th Engineer Battalion, provided by the applicant, failed to show that he was entitled to any additional awards, other than the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, during his Vietnam service from 27 September 1965 to 25 January 1966.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 January 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 26 January 1969.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_LD ____  ___EM___  ____r___  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the National Defense Service Medal; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Vietnam Service Medal, with two bronze service stars; and adding these awards to his DD Form 214.

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 award of the Republic of Vietnam Campaign Medal, with "1960" Device; the Valorous Unit Award; the Presidential Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, to the applicant and its addition to his DD Form 214.




_____LaVerne M. Douglas_____
          CHAIRPERSON

INDEX

CASE ID
AR20070000043
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070612
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19660127
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT/DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.