IN THE CASE OF:	

		BOARD DATE:	  26 January 2010


		DOCKET NUMBER:  AR20090013695 


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 (Report of Transfer or Discharge) to show the Meritorious Unit Commendation and the Presidential Unit Citation (Navy).

2.  The applicant states, in effect, that these unit awards were earned while he was on active duty but they were issued after his discharge.  He contends that he was assigned to the 1st Battalion, 40th Artillery attached to the 3rd Marine Division in Vietnam and that he recently discovered that the 1st Battalion, 40th Artillery received the Presidential Unit Citation (Navy) and the Meritorious Unit Commendation while he was assigned to it.  He indicates that he would also like to be issued these unit awards.     

3.  The applicant provides a copy of his DD Form 214; orders for the Meritorious Unit Commendation and the Presidential Unit Citation (Navy); and a document on the Battalion history of the 1st Battalion, 40th Field Artillery Battalion 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 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 was inducted into the Army of the United States on 30 June 1966.   He arrived in Vietnam on 15 January 1967.  He served as a pay disbursing specialist assigned to Service Battery, 1st Battalion, 40th Artillery in Vietnam from 5 February 1967 through 6 January 1968.  On 31 May 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Good Conduct Medal, one award of the Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  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 the 1st Battalion, 40th Artillery was awarded the 
Meritorious Unit Commendation for actions during the period 16 September 1967 to 5 June 1968 based on Department of the Army General Orders (DAGO) Number 73, dated 1968.   

5.  Department of the Army Pamphlet 672-3 also shows the 1st Battalion, 40th Artillery was awarded Presidential Unit Citation (Navy) for actions during the period 27 October 1966 to 15 September 1967 based on DAGO Number 
32, dated 1973.

6.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

7.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

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, including the Vietnam Service Medal.  
  
9.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a 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 Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit was cited for award of the Meritorious Unit Commendation and the Presidential Unit Citation (Navy) while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

2.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

4.  The applicant's DD Form 214 shows one award of the Overseas Service Bar.  However, based on his service in Vietnam from 15 January 1967 through 
6 January 1968, he is eligible for two awards of the Overseas Service Bar.  Therefore, it would be appropriate to amend his DD Form 214 to show two awards of the Overseas Service Bar.





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:

   a.  deleting the entry "1 O/S Bar" from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and
   
   b.  adding the Meritorious Unit Commendation, the Presidential Unit Citation (Navy), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Overseas Service Bar, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 on 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)                                         AR20090013695



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ABCMR Record of Proceedings (cont)                                         AR20090013695



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