IN THE CASE OF:	  

		BOARD DATE:	        14 MAY 2009

		DOCKET NUMBER:  AR20090000520 


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 (MUC) for service at the United States Army Field Station - Berlin (USAFS-Berlin) from July 1980 to October 1981 be added to his records.

2.  The applicant states that the MUC was awarded to the USAFS-Berlin for service from 1 December 1980 to 30 April 1983 under Department of the Army General Order (DAGO) 30, 87.  However, he had already retired and it was not added to his records.

3.  The applicant provides no additional documents with 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 enlisted in the Regular Air Force on 22 June 1962 and served until he was honorably discharged on 17 August 1962.

3.  He was inducted in the Army of the United States on 7 July 1965 and served until he was honorably released from active duty on 5 May 1967 as an early overseas returnee from Vietnam.

4.  He enlisted in the Regular Army on 3 August 1967 and served until he was honorably discharged on 2 August 1971.

5.  He again enlisted in the Regular Army on 22 December 1972 and remained on active duty through a series of continuous reenlistments.  He was assigned to the USAFS-Berlin on 24 July 1980 and was promoted to the pay grade of E-7 effective 1 March 1982.  He departed the USAFS-Berlin in October 1981.

6.  On 12 January 1987, the applicant was honorably released from active duty and was transferred to the Retired List by reason of permanent physical disability (50%).  He had served 20 years and 16 days of total active service.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending
12 January 1987 does not show the MUC.  Among other awards, it does show he was awarded the Vietnam Service Medal.

8.  Review of the applicant's records indicates entitlement to an additional award and decoration that is not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant's assignment, the USAFS-Berlin was awarded the Army Superior Unit Award (ASUA) for the period 1 December 1980 to 4 April 1983 by DAGO 30, dated 1987.  There is no evidence that the USAFS-Berlin was ever awarded the MUC.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime.  Circumstances may be deemed to be extraordinary when they do not represent the typical day-to-day circumstances under which the unit normally performs, or may reasonably be expected to perform, its peacetime mission.



11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam (from 15 May 1966 through 5 May 1967), he participated in the Vietnam Counteroffensive
(25 December 1965 – 30 June 1966) and the Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967) campaigns.

DISCUSSION AND CONCLUSIONS:

1.   The applicant's contention that his unit, the USAFS-Berlin, was awarded the MUC during the period he served with that unit has been noted and found to lack merit.  Therefore, there is no basis for adding this award to his records.

2.  However, the USAFS-Berlin was awarded the ASUA by the same "DAGO 30, 87" referenced by the applicant.  It is reasonable to believe that the applicant mistakenly stated the MUC for the ASUA.  Therefore, he is entitled to wear the ASUA and to have this unit award added to his records at this time. 

3.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  He served during two campaign periods; therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal. 

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 adding to item 13 of the applicant's DD Form 214 for the period ending              12 January 1987 the ASUA and to show he is eligible to wear two bronze service stars on his Vietnam Service Medal.

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 MUC.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______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.

ABCMR Record of Proceedings (cont)                                         AR20090000520



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ABCMR Record of Proceedings (cont)                                         AR20090000520



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