BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090021365 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Meritorious Unit Commendation, streamer embroidered Vietnam 1967-1968, the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, streamer embroidered Vietnam 1966-1971, and the RVN Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states the medals were authorized after he left Vietnam as prescribed by Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).  He offers the 615th Military Police Company, 95th Military Police Battalion, 89th Military Police Group and the18th Military Police Brigade as units he was affiliated with during his tour of duty in the RVN.

3.  The applicant provides a copy of a webpage from the internet which outlines the lineages and honors of the 89th Military Police Brigade.

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 26 January 1967.  He was trained in and awarded military occupational specialty (MOS) 95B (Military Policeman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN for the period 16 June 1967 through 4 June 1968.  Item 38 (Record of Assignments) shows he was assigned to the 615th Military Police Company on 19 June 1967 and performed duties in MOS 95B.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, 2 overseas service bars, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows the same awards.

6.  Department of the Army Pamphlet 672-3 establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It contains no evidence that the 615th Military Police Company, 95th Military Police Battalion, 89th Military Police Group or the18th Military Police Brigade was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

7.  Department of the Army Pamphlet 672-3 does confirm that during the applicant's assignment in the RVN, his unit received two awards of the Meritorious Unit Commendation as prescribed below.  An oak leaf cluster is authorized for wear for each additional award.

* for the period 1 June 1967 - 8 February 1968 by Department of the Army General Orders (DAGO) 48, dated 1968 and
* for the period 9 February - 31 December 1968 by DAGO 18, dated 1979

8.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)

10.  Army Regulation 600-8-22, paragraph 7-19, contains the guidance on campaign streamers.  Campaign streamers are awarded for active Federal military service to units or organizations that are authorized an organizational color or distinguishing flag to recognize receipt of campaign participation credit. Awards of foreign unit decorations are evidenced by streamers, fourrageres, or lanyards attached to the pike or lance as a component part of organizational colors, distinguishing flags, or guidons.  The streamer will be of colors corresponding to the ribbon of the unit decoration with the name of the action or the area of operations embroidered thereon.  A separate streamer will be furnished for each award.  They will be awarded ceremoniously in recognition of campaign participation credit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of Meritorious Unit Commendation, streamer embroidered Vietnam 1967-1968, RVN Gallantry Cross with Palm Unit Citation, streamer embroidered Vietnam 1966-1971, and the RVN Civil Actions Honor Medal First Class Unit Citation, is only partially supported by the evidence of record.

2.  General orders awarded all units the RVN Gallantry Cross with Palm Unit Citation during the applicant's assignment in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  General orders awarded the applicant's unit two awards of the Meritorious Unit Commendation during his assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award with one oak leaf cluster.

4.  The applicant was previously awarded the Vietnam Service Medal.  His records show he participated in three campaigns while serving in the RVN.  Therefore, he is entitled to award of three bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  The RVN Civil Actions Honor Medal First Class Unit Citation was not awarded to any of his units while he assigned to the RVN.  Therefore, he is not entitled to this unit award.

6.  Campaign streamers are unit awards that are attached to the pike or lance as a component part of organizational colors, distinguishing flags, or guidons.  It is not an award that is authorized to be entered on a Soldier's DD Form 214.  Therefore, there is no basis for adding any streamers to his DD Form 214.

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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and
	
   b.  adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation with one oak leaf cluster

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 award of the RVN Civil Actions Honor Medal First Class Unit Citation and campaign streamers.



      __________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)                                         AR20090021365



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ABCMR Record of Proceedings (cont)                                         AR20090021365



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