IN THE CASE OF:
BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090012977
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 his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) be corrected to show the Meritorious Unit Commendation with First Oak Leaf Cluster.
2. The applicant states he was with the 7th Radio Research Unit and the 101st Radio Research Unit when each was awarded the Meritorious Unit Commendation.
3. The applicant provides a copy of an extract from Department of the Army General Order (DAGO) 17, dated 1968, to support his case.
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 for 4 years and entered active duty on 3 February 1964. He completed training as a communications monitor.
3. His DA Form 20 (Enlisted Qualification Record) shows that:
a. from 3 December 1964 through 23 May 1966 he was assigned to the 104th Army Security Agency Security Detachment on Okinawa;
b. from 21 June 1965 through 4 November 1965 he was on temporary duty in Vietnam;
c. from 24 May 1966 to 5 November 1966 he was stationed in Vietnam with the 7th Radio Research Unit which was redesignated as the 101st Radio Research Unit on 1 September 1966; and
d. on 6 November 1966 he returned to Okinawa.
4. He returned to the United States and was transferred to the U.S. Army Reserve Control Group (Reinforcement) as a specialist five, pay grade E-5. He had completed 4 years and 24 days of honorable service. Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his authorized awards as the National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar. On 27 May 2009 the applicant was issued a DD Form 215 adding the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his 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 pamphlet shows that the 7th Radio Research Unit was awarded the Meritorious Unit Commendation for the period January 1965 through May 1966 by DAGO 17, dated 1968, and the 101st Radio Research Company was awarded the Meritorious Unit Commendation for the period 1 June 1966 through 30 September 1967 by DAGO 48, dated 1968.
6. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. During the applicant's tour in Vietnam he participated in three campaigns. A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was with the 7th Radio Research Unit and the 101st Radio Research Unit they when each was awarded the Meritorious Unit Commendation.
2. The applicant was serving with the 7th Radio Research Unit and the 101st Radio Research Unit during periods when each was awarded the Meritorious Unit Commendation. An oak leaf cluster should be added to the Meritorious Unit Commendation shown on his DD Form 214.
3. The applicant served in Vietnam during three campaign periods. He is authorized to wear three bronze service stars 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 showing that, in addition to the awards already listed on his DD Form 214 (as modified by the 27 May 2009 DD Form 215), his authorized awards include an oak leaf cluster for wear on the Meritorious Unit Commendation and three bronze service stars for wear on the 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) AR20090012977
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ABCMR Record of Proceedings (cont) AR20090012977
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