BOARD DATE: 18 August 2009
DOCKET NUMBER: AR20090005490
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 records to show the "Vietnam Gallantry, Vietnam Civil Actions, and Commendation Medals."
2. The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and official records fail to show these awards.
3. The applicant provides a DD Form 214 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 14 December 1965 for a period of 3 years. He served as a switchboard operator assigned to Company A, 121st Signal Battalion, in Vietnam from 12 June 1966 through 1 June 1967. He served as a switchboard operator assigned to the 593rd Signal Company in Vietnam from 1 July 1968 through 30 November 1968. On 3 December 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. The applicant's DD Form 214 shows the Vietnam Service Medal, the National Defense Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.
4. A DD Form 215 (Correction to DD Form 214), dated 21 February 1989, amended the applicant's DD Form 214 by deleting the Vietnam Service Medal and adding the Vietnam Service Medal with three bronze service stars, the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Since the DD Form 215 shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation, this portion of the applicant's request will not be discussed further in these proceedings. A copy of the DD Form 215 will be provided to the applicant.
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 publication shows the 121st Signal Battalion was awarded the Meritorious Unit Commendation for actions during the period June 1966 to May 1967 based on Department of the Army General Orders Number 17, dated 1968. This unit is also entitled to a second award of the Meritorious Unit Commendation for actions during the period 1 June 1967 to 31 May 1968 based on Department of the Army General Orders Number 1, dated 1969. The 593rd Signal Company was awarded the Meritorious Unit Commendation for actions during the period 1 August 1968 to 31 March 1969 based on Department of the Army General Orders Number 7, dated 1970.
6. Department of the Army Pamphlet 672-3 also shows the 121st Signal Battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. The 121st Signal Battalion received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned to it. Therefore, his DD Form 214 should be corrected to show this unit award.
2. The 121st Signal Battalion received two awards of the Meritorious Unit Commendation while the applicant was assigned to it. The 593rd Signal Company received one award of the Meritorious Unit Commendation while the applicant was assigned to it. Therefore, his DD Form 214 should be corrected to show three awards of the Meritorious Unit Commendation.
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 the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and three awards of the Meritorious Unit Commendation to his DD Form 214.
____________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) AR20090005490
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090005490
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002081399C070215
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge and the Army Commendation Medal. There are no orders in the applicant’s service personnel records which show that he was awarded the Army Commendation Medal, and there is no evidence that he was recommended for award of the Army Commendation Medal. There is no evidence of record which shows the applicant was awarded an infantry MOS or...
ARMY | BCMR | CY2013 | 20130003691
The applicant requests the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Meritorious Unit Commendation (MUC) seven awards * six bronze service stars to be affixed to his already-awarded Vietnam Service Medal (VSM) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Good Conduct Medal (AGCM) 2. The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD...
ARMY | BCMR | CY2002 | 2002073224C070403
There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal or the Air Medal. In the absence of a recommendation for award of the Bronze Star Medal to the applicant, or 1st Infantry Division General Orders awarding him the Bronze Star Medal, there is insufficient basis for this Board to correct the applicant's records to show award of the Bronze Star Medal. In the absence of a recommendation for award of the Air Medal to the...
ARMY | BCMR | CY2014 | 20140016775
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 9 January 1967 to 8 January 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100024617
Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. One overseas service bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate...
ARMY | BCMR | CY2010 | 20100027109
The applicant states he was not issued a CIB for his service in the Republic of Vietnam. There are no permanent orders in his personnel service record awarding him an infantry MOS or showing he was assigned to an infantry unit. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
ARMY | BCMR | CY2014 | 20140016282
The applicant requests the Army Good Conduct Medal be awarded to his DD Form 214 (Report of Transfer or Discharge). 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding...
ARMY | BCMR | CY2014 | 20140014493
Counsel requests, in effect, correction of the applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Army Good Conduct Medal (AGCM) * Vietnam Service Medal (VSM) with two bronze service stars * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal Fist Class Unit Citation * Combat Infantryman Badge (CIB) 2. Army Regulation 600-8-22 (Military Awards) provides for award of the...
ARMY | BCMR | CY2011 | 20110004720
The applicant requests correction of his records to show award of the Army Good Conduct Medal. d. Despite the absence of the unit commander's recommendation for award of the first award of the Army Good Conduct Medal at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2012 | 20120012006
The applicant states: * these awards were never entered in his records * he was assigned to the U.S. Military Assistance Command Vietnam (MACV) Advisory Team 4 and this unit was cited for the PUC * he was assigned to the 37th Signal Battalion and this unit was cited for the MUC * the U.S. MACV was cited for the MUC during the period 1965 to 1967 * his records were corrected to reflect the Republic of Vietnam Gallantry Cross with Palm Unit Citation but not the "Republic of Gallantry Cross...