IN THE CASE OF:	  

		BOARD DATE:	  5 May 2009

		DOCKET NUMBER:  AR20090000211 


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, to be awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two oak leaf clusters (correctly known as bronze service stars) for wear on his Vietnam Service Medal, the Meritorious Unit Commendation, and any other awards he is entitled to receive.

2.  The applicant states, in effect, that he served with the 820th Ordnance Company in the Republic of Vietnam from August 1965 through August 1966.   He states that he only received the Vietnam Service Medal, the Vietnam Campaign Medal, and the National Defense Service Medal while on active duty.  

3.  In support of his request, the applicant provides a copy of a page from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) showing his unit was awarded the Meritorious Unit Commendation.

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 records show he enlisted in the Regular Army on 16 August 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 55C (Ammunition Renovation Specialist).  

3.  The applicant’s records also show that he served with the 55th Ordnance Company in the Republic of Korea from 16 March 1964 through 26 March 1965 and with the 820th Ordnance Company in the Republic of Vietnam from
17 August 1965 through 10 August 1966.  

4.  The applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 10 August 1966.  The highest rank/grade he attained during his military service was private first class (PFC)/E-3.  

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Item 24c (Foreign and/or Sea Service) shows he was credited with completing 2 years and 5 days of foreign service. 

6.  The applicant’s DD Form 214, Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Vietnam Campaign Medal, Vietnam Service Medal, National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 26 does not show any additional awards. 

7.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned (820th Ordnance Company) was cited for award of the Meritorious Unit Commendation for the period September 1965 through March 1966 by Department of the Army General Order Number 20, dated 1967.

8.  Department of the Army Pamphlet 672-3 also shows that all units assigned to Vietnam were awarded of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  

9.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and provides that authorized bronze service stars will be worn on the appropriate service medal.  One bronze service star is authorized for each campaign in which the Soldier participated.  The applicant participated in three campaigns while serving in the Republic of Vietnam:  the Vietnam Defense Campaign which extended from 8 March through 24 December 1965; the Vietnam Counteroffensive which extended from 25 December 1965 through 30 June 1966; and the Vietnam Counteroffensive, Phase II which extended from 1 July 1966 through 31 May 1967.

10.  Army Regulation 600-8-22 also states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  To be eligible for this award, service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service records show he served in Korea and that he met the criteria for award of the Korea Defense Service Medal; therefore, he is entitled to award of the Korea Defense Service Medal and to have it added to his DD Form 214.

2.  General Orders awarded the applicant’s unit the Meritorious Unit Commendation while he was assigned to the unit.  Later, all units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to have these awards added to his DD Form 214.

3.  The applicant is also entitled to have his DD Form 214 corrected to show three bronze service stars to be affixed to his already-awarded 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 adding to his DD Form 214 the following awards:  Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Korea Defense Service Medal, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.




      _______ _   __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)                                         AR20090000211



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ABCMR Record of Proceedings (cont)                                         AR20090000211



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