IN THE CASE OF:	  

		BOARD DATE:	  30 June 2009

		DOCKET NUMBER:  AR20090003960 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show two awards of the Meritorious Unit Commendation (in effect, the Meritorious Unit Commendation with Bronze Oak Leaf Cluster).  He also requests that his DA Form 20 (Enlisted Qualification Record) be corrected to show all of the campaign periods that he participated in.  

2.  The applicant states, in effect, that he served in Vietnam with two different units that were awarded the Meritorious Unit Commendation and that neither his DA Form 20 nor his DD Form 214 show both awards.  

3.  The applicant provides, in support of his request, a list of five campaigns. 

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 Army on 28 April 1966.  He completed training, including Vietnamese language training, and was then stationed with the 265th Radio Research Company at Fort Campbell, Kentucky.  On 4 December 1967, this unit arrived in Vietnam, and he served with the unit until he was transferred to Company B, 8th Radio Research Field Station in Vietnam on 
29 January 1968.  The applicant served with B Company, 8th Radio Research Field Station until he left Vietnam on 23 November 1968.

3.  On 27 April 1970, the applicant was separated from active duty with an honorable characterization of service and transferred to the United States Army Reserve Control Group (Reinforcement).  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal [with Device (1960)], Good Conduct Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).  

4.  Item 39 (Campaigns) of the applicant’s DA Form 20 lists only the Vietnamese Counteroffensive Phase III and Tet Counteroffensive campaigns.  However, Item 41 (Awards and Decorations) shows he is authorized the Vietnam Service Medal with five service stars.  No unit awards are shown on either the DA Form 20 or the DD Form 214.

5.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards and campaign periods for the Vietnam era.  It shows:

     a.  the 265th Radio Research Company was authorized the Meritorious Unit Commendation for the period 1 August 1967 through 31 July 1968 by Department of the Army General Order (DAGO) Number 28, dated 1969;  

     b.  the 8th Radio Research Field Station was authorized the Meritorious Unit Commendation for the period 1 October 1967 through 31 December 1968 by DAGO Number 14, dated 1979;  
   
   c.  all units serving in the Republic of Vietnam during the period 8 February 1962 and 28 March 1973 [which were not otherwise authorized the Republic of Vietnam Gallantry Cross] were authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1972; and 
   
   d.  the designated campaign periods that coincide with the applicant's assignment in Vietnam include the following five periods:  the Vietnamese Counteroffensive Phase III from 1 June 1967 through 29 January 1968; Tet Counteroffensive from 30 January through 1 April 1968; Vietnamese Counteroffensive Phase IV from 2 April through 30 June 1968; Vietnamese Counteroffensive Phase V from 1 July through 1 November 1968; and the Vietnamese Counteroffensive Phase VI from 2 November 1968 through 22 February 1969.

6.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that a bronze or silver twig of four oak leaves with three acorns on the stem, 13/32-inch long for the suspension ribbon, and 5/16-inch long for the service ribbon bar and the unit award emblem, is issued to denote award of second and succeeding awards of decorations (other than the Air Medal), the Army Reserve Components Achievement Medal, and unit awards.   A Silver Oak Leaf Cluster is worn instead of five Bronze Oak Leaf Clusters.

7.  Army Regulation 600-8-22 also provides that a bronze service star is awarded 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.
A silver service star is authorized in lieu of five bronze service stars.

8.  At the time, Army Regulation 600-200, chapter 9, prescribed instructions for preparing and maintaining the DA Form 20.  In pertinent part, it stated that the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U. S. Army Reserve troop program units.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he served in Vietnam with two different units that were awarded the Meritorious Unit Commendation.  The available evidence is sufficient to support the applicant’s contention.  

2.  The available evidence shows the applicant is authorized award of the Meritorious Unit Commendation with one Bronze Oak Leaf Cluster.  He was assigned to the 265th Radio Research Company and 8th Radio Research Field Station when the units were authorized the awards. 

3.  He is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a silver service star for wear on the Vietnam Service Medal to represent the five campaigns that he participated in during his service in Vietnam.  

4.  The DA Form 20 was prepared and maintained for Active Army and U. S. Army Reserve enlisted personnel.  As the applicant no longer has a military status, there is a reluctance to recommending that those records be changed. The DD Form 214 is the document used to record the military history of a separated individual.  Correcting his DD Form 214 to show he is eligible to wear a silver service star to his Vietnam Service Medal will show that he participated in five campaigns.

5.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records 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
showing in addition to the authorized awards currently shown on the
individual's DD Form 214 he is also authorized the Meritorious Unit Commendation with the Bronze Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation and a silver service star for wear on the 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 changing the applicant's DA Form 20.




      _______ _   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)                                         AR20090003960



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ABCMR Record of Proceedings (cont)                                         AR20090003960



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