IN THE CASE OF:	  

		BOARD DATE:	  	  30 April 2009

		DOCKET NUMBER:  AR20090000070 


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, award of any additional Valorous Unit Award, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation medals, and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, he earned a Valorous Unit Award while assigned to the 409th Radio Research Detachment.  He also states that he is not sure how many Meritorious Unit Commendations or Republic of Vietnam Gallantry Cross with Palm Unit Citations he earned while he was serving with the 409th, the 337th (1st Infantry), and the 509th Radio Research units in Vietnam between late 1967 and June 1970.  In effect, he would appreciate being awarded all the awards and medals he is entitled to.

3.  The applicant provides no additional documentation in support of his 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.  The applicant's military records show he enlisted in the Regular Army, in pay grade E-1, on 10 October 1966, for 4 years.  He completed basic training and was awarded military occupational specialty 05C, Radio Teletypewriter Operator.

3.  The applicant's records show that he served in the Republic of Vietnam from 6 June 1967 to 4 January 1969 during five campaigns.  He was assigned to the 409th Radio Research Detachment from 21 July 1967 to 23 July 1968.  He was assigned to the 337th Radio Research Company from 24 July 1968 to 4 January 1969.  He also served in the Republic of Vietnam from 19 June 1969 to 16 January 1970, with Headquarters and Headquarters Company, 509th Radio Research Group, during three campaigns.  

4.  The applicant's records contain General Orders Number 118, dated 10 January 1968, showing award of the Meritorious Unit Commendation to him for the period from 1 June 1966 to 31 July 1967.  This unit award is annotated on his DD Form 214.  

5.  The applicant was honorably released from active duty, in pay grade E-4, on 22 June 1970, and was transferred to the United States Army Reserve Control Group (Reinforcement).

6.  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, the Republic of Vietnam Campaign Medal, the Meritorious Unit Commendation, the Good Conduct Medal, and five Overseas Service Bars.

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations) shows the applicant received the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14).  This award is not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) 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.
9.  Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

10.  Paragraph 6 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

11.  Department of the Army Pamphlet 672-3 shows the applicant’s unit, the 409th Radio Research Detachment, was awarded the Valorous Unit Award, for service from 31 January to 5 February 1968, based on Department of the Army General Orders Number 28, dated 1969; the Meritorious Unit Commendation, for service from 1 June 1966 to 31 July 1967, based on Department of the Army General Orders Number 17, dated 1968; and the Meritorious Unit Commendation, for service from 1 August 1967 to 31 July 1968, based on Department of the Army General Orders Number 28, dated 1969.

12.  Department of the Army Pamphlet 672-3 also shows the applicant's unit, the 337th Radio Research Company, was awarded the Meritorious Unit Commendation, for service from 1 August 1967 to 31 July 1968, based on Department of the Army General Orders Number 28, dated 1969; the Meritorious Unit Commendation, for service from 1 August 1968 to 30 September 1969, based on Department of the Army General Orders Number 51, dated 1971; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 12 July 1965 to 16 October 1968, based on Department of the Army General Orders Number 59, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 1 January 1969 to 15 April 1971, based on Department of the Army General Orders Number 6, dated 1974.

13.  Department of the Army Pamphlet 672-3 also shows the applicant's unit, Headquarters and Headquarters Company, 509th Radio Research Group, was awarded the Meritorious Unit Commendation, for service from 1 January 1969 to 31 December 1970, based on Department of the Army General Orders Number 43, dated 1972; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 1 January 1970 to 3 March 1971, based on Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant is entitled to one silver service star and three bronze service stars to be affixed to 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.

2.  The evidence also confirms that the applicant was awarded the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14).  This award is not shown on his DD Form 214 and it would also be appropriate to add this award at this time.

3.  The applicant contends that his DD Form 214 should be corrected to include all awards of his Valorous Unit Award, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation medals, based on his unit assignments during his service in Vietnam.  General Orders Number 118, dated 10 January 1968, entitled the applicant to award of the Meritorious Unit Commendation for the period from 1 June 1966 to 31 July 1968.  

4.  General orders entitled the applicant to award of one Valorous Unit Award and two Meritorious Unit Commendations, during his assignment with the 409th Radio Research Detachment.  The Meritorious Unit Commendation awarded for the period 1June 1966 to 31 July 1968 is already shown on his DD Form 214.  He is therefore, entitled to award of one additional Meritorious Unit Commendation based on his assignment with the 409th Radio Research Detachment.

5.  General orders also entitled the applicant to award of one Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, during his assignment with the 337th Radio Research Company.  

6.  General orders further entitled the applicant to award of one Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment with the 509th Radio Research Group.  

7.  It is noted that the Meritorious Unit Commendation awarded for the period 1 August 1967 to 31 July 1968 was awarded to both the 409th Radio Research Detachment and the 337th Radio Research Company.  In accordance with regulatory guidance, only one award will be recorded in official records in the case of duplicate awards covering the same period of time.  Therefore, the applicant is entitled to have his records corrected to show award of one Valorous Unit Award, three additional Meritorious Unit Commendations, two Republic of Vietnam Gallantry Cross with Palm Unit Citations, and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

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 awarding the applicant one silver service star and three bronze service stars to be affixed to his already awarded Vietnam Service Medal; the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14); the Valorous Unit Award; three additional Meritorious Unit Commendations; two Republic of Vietnam Gallantry Cross with Palm Unit Citations; and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; by adding the service stars and unit awards to the list of awards shown on his DD Form 214, dated 22 June 1970; and providing him a corrected separation document.




      _______ _   _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)                                         AR20090000070



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ABCMR Record of Proceedings (cont)                                         AR20090000070


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