IN THE CASE OF:	

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080008631 


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, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the Meritorious Unit Commendation and all unit awards for his service in Vietnam. 

2.  The applicant states, in effect, that he was not awarded all of the unit and command citations, campaign counteroffensive participation credit, and any other honors due for his service in Vietnam.  

3.  In support of his application, the applicant provides copies of his DD Form 47 (Record of Induction); his DA Form 20 (Enlisted Qualification Record); his DD Form 214; his United States Army Reserve (USAR) discharge orders; Lineage and Honors information for the 119th Transportation Company, Headquarters and Headquarters Company, 1st Support Command (1st Logistical); and Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).  

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 records show he was inducted in the Army of the United States, in pay grade E-1, on 25 April 1968.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 57B, cargo handler.  

3.  The applicant's records show that he served in the Republic of Vietnam from 17 September 1968 to 16 September 1969, with the 119th Transportation Company and 854th Transportation Company, during four campaigns.

4.  The applicant was released from active duty at the expiration of his term of service, in pay grade E-4, on 24 April 1970, and was transferred to the USAR Control Group (Annual Training).

5.  Entries on the applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal; the Vietnam Service Medal, with one bronze service star; the Good Conduct Medal (1st Award); the Republic of Vietnam Campaign Medal, with Device 60; and the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14).  

6.  The applicant was honorably discharged from the USAR on 1 April 1974.

7.  Department of the Army Pamphlet 672-3 shows the applicant’s unit, the 854th Transportation Company, was awarded the Meritorious Unit Commendation for service from 1 April through 30 September 1967 and from 1 November 1969 through 31 May 1970.  Department of the Army Pamphlet 672-3 contains no entry for the 119th Transportation Company.  

8.  Department of the Army Pamphlet 672-3 shows that Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, to all personnel assigned to the United States Army Vietnam.

9.  Army Regulation 600-8-22 further authorizes 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 campaign or service medal including the Vietnam Service Medal.  A silver service star is worn instead of five bronze service stars.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Meritorious Unit Award based on his unit assignments during his service in Vietnam.  However, the evidence shows the 854th Transportation Company was authorized award of the Meritorious Unit Commendation for service from 1 April through 30 September 1967 and from 1 November 1969 through 31 May 1970.  The applicant served in Vietnam from 17 September 1968 to 16 September 1969.  Department of the Army Pamphlet 672-3 contains no entry authorizing award of the Meritorious Unit Commendation to the 119th Transportation Company.  He is therefore not entitled to award of the Meritorious Unit Commendation and its addition to his DD Form 214.

2.  The evidence confirms that the applicant is entitled to the addition of three bronze service stars, for a total of four bronze service stars, to be affixed on his already-awarded Vietnam Service Medal.  These service stars are not shown on the applicant's DD Form 214 and it would be appropriate to add these service stars to his DD Form 214.

3.  General orders entitled the applicant’s unit to award of the Republic of Vietnam Gallantry Cross, with Palm Unit Citation; during his tenure of assignment in Vietnam.  This unit award is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this unit award.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x____  ___x____  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 awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm Unit Citation; by adding three additional service stars, for a total of four bronze service stars, to be affixed to his already awarded Vietnam Service Medal; by adding the unit award and service stars to the list of awards shown on his DD Form 214, dated 24 April 1970; and providing him a corrected separation document.

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 Meritorious Unit Commendation and its addition to his DD Form 214.  




      _______ _   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)                                         AR20080008631



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ABCMR Record of Proceedings (cont)                                         AR20080008631


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