IN THE CASE OF:
BOARD DATE: 12 June 2008
DOCKET NUMBER: AR20080001206
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 that his records be corrected to reflect that he is authorized two awards of the Meritorious Unit Commendation (MUC w/1 OLC) and one award of the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation.
2. The applicant states that he was unaware that he was entitled to these awards at the time he was separated from the Army.
3. The applicant provides excerpts from copy of Department of the Army Pamphlet 672-3 reflecting his unit awards.
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 applicants 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 applicants 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 Raleigh, North Carolina on 13 February 1967 for a period of 3 years. He completed his training and was transferred to Vietnam on 19 September 1967.
3. The applicant was initially assigned to the 643rd Engineer Company from 25 September 1967 to 3 March 1968. On 4 March 1968, he was reassigned to Headquarters and Headquarters Company, 815th Engineer Battalion and remained there until he departed Vietnam on 14 September 1968 for assignment to Fort Leonard Wood, Missouri.
4. On 12 February 1970, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the Good Conduct Medal.
5. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicants units were both subsequently awarded the MUC (MUC w/1OLC), and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation during the period he was assigned to the unit. Additionally, he participated in four campaigns while assigned to Vietnam and is entitled to be awarded four bronze service stars for wear on his already-awarded VSM.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he is entitled to awards of the MUC 1OLC and the RVNGC w/Palm Unit Citation has been noted and found to have merit. Accordingly his records should be corrected to reflect those awards.
2. Additionally, the applicant served during four campaigns in Vietnam and entitled to be awarded four bronze service stars for wear on his already awarded VSM.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the MUC 1OLC, the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already awarded VSM.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___ XXX ___
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.
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