IN THE CASE OF:	 

		BOARD DATE:	  4 December 2008

		DOCKET NUMBER:  AR20080008056 


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 the Meritorious Unit Commendation (Army) be added to Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 15 June 1973.

2.  The applicant states, in effect, the Meritorious Unit Commendation (Army) was awarded to U.S. Military Assistance Command (Vietnam) (MACV), Advisory Team 8 while he was assigned to the unit.

3.  The applicant provides, in support of his application, copies of two sets of orders issued by MACV, In-Country Travel Orders issued by MACV, a 
DA Form 2496 (Disposition Form) from MACV, a listing by name from the 
2nd Area Logistical Command (ALC), Advisory Team 8, a letter from the National Archives and Records Administration (NARA), and his DD Form 214.

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's military personnel record shows he was inducted on 17 June 1971 for a period of 2 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty of 57H (Cargo Handler).

3.  MACV Special Orders Number 344, dated 10 December 1971, assigned the applicant to Headquarters, MACV with a reporting date of 12 December 1971.

4.   A DA Form 2496 directed the applicant to be assigned to 2nd ALC, Advisor Team #8.

5.  MACV In-Country Travel Orders, dated 24 December 1971, authorized the applicant travel for a permanent change of station (PCS) to MACV, Advisory Team 8.

6.  MACV Special Orders Number 361, dated 27 December 1971, directed the applicant be assigned to MACV, Advisory Team 8 effective 27 December 1971.

7.  527th Personnel Services Company Special Orders Number 20, dated 
20 March 1972 released the applicant from MACV, Advisory Team 8 effective 
20 March 1972.

8.  Item 38 (Record of Assignments) on the applicant's DA Form 20 (Enlisted Qualification Record) indicates he was assigned to Headquarters, MACV in the Republic of Vietnam from 17 December 1971 to 13 November 1972.

9.  On 15 June 1973, the applicant was released from active duty by reason of the expiration of his term of service.  He had completed 1 year, 11 months, and 
29 days of active service that was characterized as honorable.

10.  Item 24 of the applicant's DD Form 214 does not contain an entry for the Meritorious Unit Commendation (Army).  Item 24 does show the applicant is authorized the Vietnam Service Medal.

11.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

12.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, during the time of the applicant’s assignment to MACV, Advisory Team 8 the unit received the Meritorious Unit Commendation (Army) for the period from 1 January 1971 to 30 June 1972, based on Department of the Army General Order Number 13, dated 1974.  

14.  Department of the Army Pamphlet 672-3 further shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

15.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Consolidation II Campaign 1 December 1971 - 29 March 1972) and the Vietnam Cease-Fire Campaign 30 March 1972 - 28 January 1973.

16.  Army Regulation 600-8-22 states, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of active enlisted Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

17.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is authorized the Meritorious Unit Commendation (Army) based on his service with MACV, Advisory Team 8 while in the Republic of Vietnam.

2.  In accordance with the listings contained in Department of the Army Pamphlet 672-3 and based on the applicant's service with MACV, Advisory Team 8 he is authorized the Meritorious Unit Commendation (Army) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

3.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 17 June 1971 to 15 June 1973 ending with termination of a period of Federal military service.

4.  The applicant's military personnel records show he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be worn on his Vietnam Service Medal.  

BOARD VOTE:

___X____  ____X___  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  awarding the applicant the Army Good Conduct Medal for the period of service from 17 June 1971 to 15 June 1973; and   



	b.  amending Item 24 of the applicant's DD Form 214 to show he was awarded or is authorized the Army Good Conduct Medal, the Meritorious Unit Commendation (Army), two bronze service stars to be worn on his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.





      _______ _ X  _______   ___
               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)                                         AR20080008056





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ABCMR Record of Proceedings (cont)                                         AR20080008056



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