IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080006143 


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 award of the Presidential Unit Citation (PUC) or any other unit award to which he may be entitled.

2.  The applicant states, in effect, that his unit, the 27th Engineer Battalion (Combat), was cited for award of the PUC.  He would like his record corrected because he is very proud of his service and what his unit accomplished in the Republic of Vietnam (RVN). 

3.  The applicant did not provide additional documentary evidence in support of this application.    

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.  On 28 January 1966, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in military occupational specialty (MOS) 12B (Combat Engineer).  He attained the grade of specialist/E-4.  On
26 January 1968, he was released from active duty and transferred to the U.S. Army Control Group (Annual Training).  On 27 January 1972, he was honorably discharged from the USAR upon completion of his statutory military obligation.

3.  The applicant served in the RVN from 8 September 1966 through
1 September 1967.  He performed duties as combat engineer with Company A, 27th Engineer Battalion (Combat).

4.  Item 24 (Decorations, 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) does not show award of the PUC.  

5.  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 does not show that the applicant's unit was cited for award of the PUC.  However, it does show applicant's unit (27th Engineer Battalion (Combat)) was cited for award of the Meritorious Unit Commendation (MUC) for the period October 1966 – April 1967, by Department of the Army General Orders Number 17, dated 1968; and for the period 1 April 1967 –
31 March 1968, by Department of the Army General Orders Number 48, dated 1969.

6.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970. 

8.  The applicant's records show 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 3 campaigns, the Vietnam Counteroffensive Phase II, the Vietnam Counteroffensive Phase III, and the TET Counteroffensive campaigns.   


9.  Appendix B of Army Regulation 600-8-22 lists all approved Army campaigns, including campaigns of the Vietnam War.  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.  There is no evidence the applicant's unit was cited for award of the PUC.  However, his unit was cited for award of the MUC on 2 occasions while he was present in the unit. Therefore, he is entitled to have his records corrected to show these awards.

2.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross With Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

3.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

4.  Evidence of record shows that the applicant participated in 3 campaigns during his service in the RVN.  Therefore, he is eligible for award of 3 bronze service stars to be affixed on his already-awarded Vietnam Service Medal. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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:

	a.  authorizing the MUC (2nd Award) and correcting the record to show these awards; 

	b.  authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award; 

	c.  authorizing the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and correcting the record to show this award; and

	d.  deleting the "Vietnam Service Medal" from his DD Form 214 and adding "Vietnam Service Medal with 3 bronze service stars."

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 PUC.  





      ___        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.



ABCMR Record of Proceedings (cont)                                         AR20080006143





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080006143



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1