IN THE CASE OF:	

		BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090017227 


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 award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He also requests correction of his DD Form 214 to show he completed 12 years of civilian education and
26-week Morse Interceptor training.

2.  The applicant states he was assigned to the 175th Radio Research in Vietnam from 7 March 1969 to 28 April 1970 and after he was discharged his unit received the above mentioned awards. 

3.  The applicant provides an excerpt pertaining to Vietnam awards for the 175th Radio Research Company 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's DD Form 398 (Statement of Personal History), dated 
10 September 1966, his enlistment record, and his DA Form 20 (Enlisted Qualification Record) show he was a high school graduate.  He enlisted in the Regular Army on 13 September 1966 for a period of 4 years.  His DA
Form 20 shows he attended advanced individual training in military occupational specialty (MOS) 05H (morse interceptor) at the U.S. Army Security Agency Training Center and School, Fort Devens, MA during the period 6 January 1967 to 22 June 1967.  He arrived in Vietnam on 7 March 1969.  He was assigned to Headquarters and Headquarters Company, 509th Radio Research Group in Vietnam from 10 March 1969 through 12 June 1969.  He was assigned to the 175th Radio Research Company in Vietnam from 13 June 1969 through 28 April 1970.  On 7 July 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, two Overseas Service Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  Item 25 (Education and Training Completed) on his DD Form 214 shows the entry "NONE."  Item 30 (Remarks) on his DD Form 214 shows the applicant's blood group and his dates of service in Vietnam.

4.  Item 27 (Military Education) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he completed 22 weeks of Morse Interceptor training in 1967. 

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 the applicant's unit (Headquarters and Headquarters Company, 509th Radio Research Group) at the time of his assignment was awarded the Meritorious Unit Commendation for actions during the period 1 January 1969 to 31 December 1970 based on Department of the Army General Orders (DAGO) Number 43, dated 1971.  His unit (175th Radio Research Company) at the time of his assignment was awarded the Meritorious Unit Commendation for actions during the period 1 August 1968 to 30 September 1969 based on DAGO Number 51, dated 1971.  This unit was awarded a second award of the Meritorious Unit Commendation for actions during the period 
1 October 1969 to 31 December 1970 based on DAGO Number 43, dated 1972.

6.  Department of the Army Pamphlet 672-3 shows the applicant's unit  (175th Radio Research Company) at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 6, dated 1974.

7.  Department of the Army Pamphlet 672-3 also shows the applicant's unit (175th Radio Research Company) at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 6, dated 1974.

8.  Records show the applicant participated in three campaigns during his assignment in Vietnam:  Tet 69, Counteroffensive, 1969 (23 February 1969 -
8 June 1969); Vietnam Summer-Fall, 1969 (9 June 1969 - 31 October 1969); and Vietnam Winter-Spring, 1970 (1 November 1969 - 30 April 1970).

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that item 25 would list service schools, including major courses, that were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.  The regulation stated that the highest civilian education level attained would be entered in item 30 as the first entry in this block when not adequately covered in block 25 (Education and Training Completed) and that this information will be taken from the DA Form 20.

10.  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.

11.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Unit Commendation (Army).



DISCUSSION AND CONCLUSIONS:

1.  The applicant's units (Headquarters and Headquarters Company, 509th Radio Research Group and the 175th Radio Research Company) were cited for three awards of the Meritorious Unit Commendation, one award of the Republic of 
Vietnam Gallantry Cross with Palm Unit Citation, and one award the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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

3.  Evidence of record shows the applicant completed 12 years of civilian education.  Therefore, it would be appropriate to correct item 30 of the applicant's DD Form 214 to show his civilian education.

4.  The entry on the applicant's DA Form 20 which shows he completed 
22 weeks of Morse Interceptor training in 1967 is accepted as sufficient evidence on which to amend item 25 of his DD Form 214.  Therefore, item 25 on his 
DD Form 214 should be corrected to show this training.

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 from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation with 2d oak leaf cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

	c.  deleting from item 25 of his DD Form 214 the entry "NONE";

   d.  adding to item 25 of his DD Form 214 the entry "Morse Interceptor Training, 1966"; and

   e.  adding to item 30 of his DD Form 214 the entry "Civilian Education: 12 years."



   ____________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)                                         AR20090017227



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ABCMR Record of Proceedings (cont)                                         AR20090017227



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