RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2008
	DOCKET NUMBER:  AR20070018660 


	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

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Chester A. Damian

Member

Ms. Qawiy A. Sabree

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 records to show award of the Army Commendation Medal with "V" Device.  The applicant also requests that his service dates in Vietnam and specialty number for demolition engineer be added.

2.  The applicant states, in effect, that the award of the Army Commendation Medal with "V" Device was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 
30 November 1967.  He further states that his dates of Vietnam service and specialty were also omitted and need to be added.

3.  The applicant provides Headquarters, United States Army Vietnam General Orders Number 3343, dated 1 June 1966.

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 1 December 1964.  He successfully completed basic training and advanced individual training.  He was awarded specialty number 12A (Pioneer).  

3.  The applicant arrived in Vietnam with A Company, 326th Engineer Battalion on or about 8 July 1965.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he performed duties as a pioneer the entire period he served in Vietnam.

4.  Headquarters, United States Army Vietnam General Orders Number 3343, dated 1 June 1966, show that the applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 7 February 1966.

5.  The applicant departed Vietnam on or about 14 June 1966 after being credited with participating in two campaigns.

6.  Headquarters, 82nd Airborne Division Special Orders Number 243, dated 
26 October 1966, show that the applicant was awarded primary military occupational specialty (MOS) 56A (Supply Handler) and secondary MOS 12A.

7.  On 30 November 1967, the applicant was honorably released from active duty.

8.  The applicant's DD Form 214 with the ending period 30 November 1967 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Parachutist Badge.  Item 23a (Specialty Number and Title) shows the entry "56A1P Supply Handler."  Item 22c (Foreign and or Sea Service) shows the applicant served in the U.S. Army Pacific Command (USARPAC) for a period of 11 months and 
7 days.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized preparation of the DD Form 214.  For item 22c it stated, enter total duty outside continental limits of the U. S. for the period covered by the DD Form 214 and the last oversea theater in which service was performed.  For item 23a it stated, enter primary MOS code number and title.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to A Company, 326th Engineer Battalion, it was cited for award of the Presidential Unit Citation for the period 2-20 June 1966 based on Headquarters, Department of the Army General Orders Number 59 dated 1968.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to A Company, 326th Engineer Battalion, it was cited for award of the Meritorious Unit Commendation for the period July 1965 through February 1966 based on Headquarters, Department of the Army General Orders Number 20, dated 1967.

12.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units 

during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

13.  Army Regulation 600-8-22 provides, in pertinent part, for 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Army Commendation Medal with "V" Device.  His DD Form 214 should be amended to add this award.

2.  Evidence of record shows that the applicant was awarded MOS 12A and that he served in MOS 12A while serving in Vietnam.  However, Headquarters, 82nd Airborne Division Special Orders Number 243, dated 26 October 1966, show he was awarded primary MOS 56A and secondary MOS 12A.  Army Regulation 635-5 at that time stated to enter the primary MOS in item 23a.  Therefore, MOS 56A is correctly entered on the applicant's DD Form 214.

3.  Evidence of record shows that the applicant's DD Form 214, with the period ending 30 November 1967 correctly shows that he served in USARPAC, the overseas theater in which Vietnam was located, for a period 11 months and 
7 days.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant was assigned to a unit during a period of time his unit was awarded the Meritorious Unit Commendation and the Presidential Unit Citation.  His participation in two campaigns makes him eligible to wear two bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JTM __  __CAD __  __QAS__  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 amending his DD Form 214 to add the Army Commendation Medal with "V" Device, the Meritorious Unit Commendation, the Presidential Unit Citation, and two bronze service stars to be worn 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 adding his Vietnam service dates and specialty number for demolition engineer to his DD Form 214.




	___John T. Meixell          __
          		CHAIRPERSON