IN THE CASE OF:
BOARD DATE: 8 February 2011
DOCKET NUMBER: AR20100018853
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 all omitted awards, including unit awards and awards issued by the Republic of Vietnam (RVN).
2. The applicant states his unit received a "meritorious award" that is not on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 applicants 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 applicants 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 on 10 August 1965 for a period of 3 years. He was honorably released from active duty on 29 August 1968 by reason of expiration of term of service.
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
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal (VSM) with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
4. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he served in the RVN from 22 January 1966 through 21 January 1967
* in item 38 (Record of Assignments) he served with Company A, 588th Engineer Battalion (Combat) from 22 January 1966 to 16 January 1967
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 588th Engineer Battalion was cited for award of the Meritorious Unit Commendation (MUC) for the period November 1965 through February 1967 by Department of the Army General Orders (DAGO) Number 17, dated 1968.
6. Department of the Army Pamphlet 672-3, paragraph 6d, states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
7. Army Regulation 635-5 (Personnel Separations - 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 version in effect at the time stated for item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicant's request for correction of his DD Form 214 to show additional awards.
2. He served with the 588th Engineer Battalion during a period for which the unit was awarded the MUC. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
3. Headquarters, U.S. Army Vietnam and its subordinate units was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
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 adding to item 24 of his DD Form 214 the:
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
____________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) AR20100018853
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100018853
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110023902
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. There is no order or other available evidence that shows he was awarded the Army Good Conduct Medal. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2010 | 20100010234
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 Valorous Unit Award and the Combat Engineer Badge. The applicant states he was assigned to the 25th Infantry Division from November 1967 through 23 February 1968 as a combat engineer and the unit received the Valorous Unit Award on 17 March 1970; however, it is not reflected on his DD Form 214. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2006 | 20060006983C070205
There are no orders in the applicant’s service personnel record which show that he was awarded the Purple Heart. Evidence shows the applicant’s records contain administrative errors which do not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Vietnam Service Medal with 4 bronze service stars, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam...
ARMY | BCMR | CY2013 | 20130018917
The applicant provides and his record contains: a. This pamphlet does not show that the unit to which the applicant was assigned, the 510th Engineer Company, was cited for award of the Presidential Unit Citation during his service with this unit or at any time during its service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 5 December...
ARMY | BCMR | CY2014 | 20140001858
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. His DD Form 214 should be corrected to show these unit awards.
ARMY | BCMR | CY2010 | 20100017305
Records show the applicant participated in four campaigns during his assignment in Vietnam. However, evidence of record shows he participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for the period 28 February 1966...
ARMY | BCMR | CY2012 | 20120008160
On 13 November 1967, he reenlisted in Bueren, Germany for a period of 3 years and his present duty assignment. A review of his official record shows he received a "Good" efficiency rating during the period 1 July - 27 November 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting the award of the Vietnam Service Medal from his DD Form 214 dated 12 November 1970 * Adding the awards of the Vietnam Service Medal...
ARMY | BCMR | CY2014 | 20140006752
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 14th Engineer Battalion was awarded the MUC for the period 18 October 1966-18 July 1967. Department of the Army Pamphlet 672-3, paragraph 6d, states 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. Army Vietnam, and its subordinate units during the period 20 July 1965 to...
ARMY | BCMR | CY2014 | 20140008192
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he is authorized two Meritorious Unit Commendations (MUC) and to show his social security number (SSN) as "X8X-XX-XXXX" vice "X3X-XX-XXXX." The evidence of record shows he participated in two campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars to be affixed to his previously-awarded...
ARMY | BCMR | CY2011 | 20110000809
Application for correction of military records (with supporting documents provided, if any). Records show he participated in four campaigns during his service in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the VSM from his DD Form 214; b. adding the VSM with four bronze service stars, VUA, MUC, and RVN Gallantry Cross with Palm Unit Citation to his DD Form 214; and c. providing him a document to...