IN THE CASE OF:
BOARD DATE: 12 MAY 2009
DOCKET NUMBER: AR20090000289
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
2. The applicant states, in effect, that these medals were awarded by Department of the Army General Orders (DAGO) Number 39, dated 1970 and DAGO Number 43, dated 1970.
3. The applicant provides no additional documents 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 29 June 1965. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 12B (combat engineer). His highest grade held was sergeant, E-5.
3. He served in Vietnam from 5 April 1968 to 16 June 1968 while assigned to Company D, 31st Engineer Battalion. He received credit for participation in the Vietnam Counteroffensive Phase IV Campaign.
4. The applicant was released from active duty on 19 June 1968. His DD Form 214 shows the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and the Army Good Conduct Medal (First Award) as authorized awards.
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 shows that, at the time of the applicant's assignment to the 31st Engineer Battalion, this unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 39, dated 1970.
6. Department of the Army Pamphlet 672-3 also shows that, at the time of applicant's assignment to the 31st Engineer Battalion, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 43, dated 1970.
7. Headquarters, DAGO Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
8. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of 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 service medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant was assigned to the 31st Engineer Battalion during a period it was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Later, all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, DAGO Number 8, dated 1974. Therefore, these awards should be added to his DD Form 214.
2. The applicants DD Form 214 currently reflects the Vietnam Service Medal. However, he received credit for participation in one campaign during the Vietnam War. Therefore, it would be appropriate to amend his DD Form 214 to show one bronze service star to be worn on the 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 amending his DD Form 214 to add the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star to be worn on his already-awarded Vietnam Service Medal.
_______ _ 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.
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