IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100016046 


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 the following awards:

* three bronze service stars to be affixed to the Vietnam Service Medal
* two awards of the Meritorious Unit Commendation
* Presidential Unit Citation
* Overseas Service Ribbon

2.  He also requests correction of his records to show the following awards received while a member of the U.S. Army Reserve (USAR):

* Legion of Merit (LOM) (1st Oak Leaf Cluster (OLC))
* Meritorious Service Medal (MSM) (2nd OLC)
* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM)
* Army Reserve Components Achievement Medal (ARCAM) with Gold Hourglass

3.  The applicant states that in looking over his active duty in the Army and his DD Form 214, he realizes there were some changes that were required.  Some of the changes took place while he was on active duty from 4 November 1966 to 10 January 1970, but most of the additions are required for awards received while in the USAR.  He assumes the Board would only correct items involving his active duty dates.

4.  The applicant provides:

* printout of his service history
* two DA Forms 638 (Recommendation for Award) and LOM certificates
* MSM orders and three certificates
* ARCOM orders and certificate
* AAM orders and certificate
* retirement orders
* list of Vietnam campaigns
* DD Form 214
* Department of the Army General Order (DAGO) Number 28
* letter from Headquarters, 1st Air Cavalry Division
* printouts pertaining to the Overseas Service Ribbon, Army Service Ribbon, and Reserve Good Conduct Medal

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 records show he was born on 13 June 1944.  He was appointed as a second lieutenant in the USAR on 26 July 1966.  He entered active duty on 4 November 1966 and completed the Transportation Officer Basic Course from 9 November 1966 to 27 January 1967.

3.  His records show he served in the Republic of Vietnam from 28 June 1967 to 22 June 1968.  He was assigned as follows:

* 116th Transportation Company from 2 July 1967 to 3 December 1967
* Headquarters and Headquarters Company and Band, 1st Cavalry Division Support Command, from 4 December 1967 to 22 June 1968

4.  He was promoted to captain (CPT) on 4 November 1968 and he was honorably released from active duty in the rank of CPT on 10 January 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Bronze Star Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Meritorious Unit Commendation
* Air Medal
* Army Commendation Medal
* Vietnam Gallantry Cross with Palm Unit Citation

5.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows participation credit was awarded for three campaigns during his tour of duty in the Republic of Vietnam as follows:  Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968), Tet Counteroffensive (30 January 1968 to 1 April 1968), and Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during its service in Vietnam, the 116th Transportation Company was awarded the Meritorious Unit Commendation for service from 7 March 1967 to 30 June 1968 based on DAGO Number 39, dated 1970.

7.  Department of the Army Pamphlet 672-3 shows that during its service in Vietnam, Headquarters and Headquarters Company and Band, 1st Cavalry Division Support Command, was awarded the:

* Presidential Unit Citation for service from 23 October 1965 to 26 November 1965 based on DAGO Number 40, dated 1967
* Meritorious Unit Commendation for service from 1 June 1968 to 30 November 1969 based on DAGO Number 2, dated 1971

8.  Subsequent to his release from active duty he served in various staff and leadership positions in the USAR, mostly at the U.S. Military Academy, West Point, NY, and attained the rank of colonel (COL).

9.  He was awarded various awards during his USAR service, including the LOM (1st OLC), MSM (2nd OLC), ARCOM, AAM, ARCAM (3rd OLC), and Armed Forces Reserve Medal with Gold Hourglass.  These awards are posted to his electronic official military personnel file.

10.  He was honorably discharged from the USAR and transferred to the Retired Reserve on 2 September 1997 and he was ultimately placed on the Retired List in the rank of COL on 13 June 2004, his 60th birthday.

11.  He submitted the following documents:

	a.  DAGO Number 28, dated 1969, awarding Headquarters and Headquarters Company and Band, Division Support Command, 1st Cavalry Division, the Meritorious Unit Commendation for service from 1 June 1967 to 31 May 1968.

	b.  A letter, dated 12 May 1969, from a 1st Cavalry Division noncommissioned officer in response to an inquiry from an unidentified person states that an award of the Meritorious Unit Commendation for service from 1 June 1967 to 1 December 1967 was submitted and was being processed and that the unidentified person would also be eligible for the Division's Presidential Unit Citation for service from 11 February 1967 to 17 January 1968.

	c.  Printouts of various awards, among which is the Reserve Good Conduct Medal.

12.  Army Regulation 600-8-22 provides for the following awards:

	a.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an active status on or after 1 August 1981.

	b.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an active status on or after 1 August 1981.

	c.  The Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.
	d.  The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Service in a combat zone is not required, but must be directly related to the combat effort.  Only on rare occasions will a unit larger than a battalion qualify for award of this decoration.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the bronze service stars, the evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

2.  With respect to the Meritorious Unit Commendation, the evidence of record shows the applicant is entitled to wear three awards of the Meritorious Unit Commendation.  His DD Form 214 reflects only one award.  Therefore, he is entitled to two additional awards of the Meritorious Unit Commendation and correction of his records to show three awards of the Meritorious Unit Commendation.

3.  The evidence of record shows he completed the Transportation Officer Basic Course from 9 November 1966 to 27 January 1967.  Since he had an active Reserve status after May 1981, he is entitled to award of the Army Service Ribbon and correction of his records to show it.

4.  The evidence of record shows he completed a foreign service tour in Vietnam from 28 June 1967 to 22 June 1968.  Since he had an active Reserve status after May 1981, he is entitled to award of the Overseas Service Ribbon and correction of his records to show it.

5.  With respect to the Presidential Unit Citation, the evidence of record shows the 1st Cavalry Division Support Command was awarded the Presidential Unit Citation for service from 23 October 1965 to 26 November 1965; however, he was not assigned to this unit at the time.  Therefore, he is not entitled to this award.

6.  With respect to the awards he earned subsequent to his release from active duty, his records contain copies of all the stated awards.  As these awards were awarded subsequent to his active service while a member of the USAR, there is no provision in the governing regulation to list them on a previously-issued 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 the evidence presented is 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 his DD Form 214 the Meritorious Unit Commendation and

	b.  adding to his DD Form 214:

* three bronze service stars to be affixed to the Vietnam Service Medal
* Meritorious Unit Commendation (3rd Award)
* Army Service Ribbon
* Overseas Service Ribbon

2.  The Board further determined 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 the:

* Presidential Unit Citation
* LOM (1st OLC)
* MSM (2nd OLC)
* ARCOM
* AAM
* ARCAM with Gold Hourglass



      _____________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)                                         AR20100016046



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ABCMR Record of Proceedings (cont)                                         AR20100016046



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