RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20070000131 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Margaret Patterson

Chairperson

Mr. Ronald Gant

Member

Mr. Rowland Heflin

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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Action Ribbon and the Meritorious Unit Commendation.  He also requests that his DD Form 214 be corrected to show all awards and decorations to which he may be entitled. 

2.  The applicant states these awards were omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; orders for the Meritorious Unit Commendation; and page 4 of his DA Form 20 (Enlisted Qualification Record). 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
17 December 1969.  The application submitted in this case is dated 
14 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 was inducted on 15 May 1968.  He arrived in Vietnam on 
11 October 1968.  He served as a front loader operator assigned to the 554th Engineer Battalion in Vietnam from 15 October 1968 through 15 December 1969. On 17 December 1969, the applicant was released from active duty.  

4.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Good Conduct Medal, and the Army Commendation Medal as authorized awards.  

5.  Records show the applicant participated in five campaigns during his assignment in Vietnam.

6.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of 0-6 and below who have actively participated in ground or surface combat.  Department of Defense Instruction 1348.33 also states that an individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.  

7.  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 document shows the applicant's unit was cited for award of the Meritorious Unit Commendation for actions during the period 15 February 1968 to 31 October 1968 by Department of the Army General Orders Number 42, dated 1969.  The applicant provided orders for the Meritorious Unit Commendation which show his unit was cited for this unit award during the period 15 February 1968 through 31 October 1968.          

8.  Department of the Army Pamphlet 672-3 shows the applicant's unit is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973.

9.  Department of the Army Pamphlet 672-3 also shows that the applicant’s unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The Combat Action Ribbon is a Department of the Navy award; therefore, this Board does not have authority to award the Combat Action Ribbon.

2.  Orders show the applicant’s unit was cited for award of the Meritorious Unit Commendation.

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.
4.  The applicant participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star.

5.  Records show the applicant should have discovered the alleged errors now under consideration on 17 December 1969; therefore, the time for the applicant to file a request for correction of any error expired on 16 December 1972.  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 

MP_____  __RG____  _RH____  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 amending his DD Form 214 to add 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, and one silver service star for wear on his already-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 award of the Combat Action Ribbon.  


__Margaret Patterson__
          CHAIRPERSON




INDEX

CASE ID
AR20070000131
SUFFIX

RECON

DATE BOARDED
20070614
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.