IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100019064 


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) for the period ending 14 March 1972 to show the Meritorious Unit Commendation (MUC) and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation. 

2.  He states, in effect, that during his research of the Lineage and Honors for the 62nd Transportation Company, he discovered he was entitled to these unit awards. 

3.  He provided a copy of:

* his DD Form 214 for the period ending 14 March 1972
* his DA Form 20 (Enlisted Qualification Record)
* the Lineage and Honors Information page for the 62nd Transportation Company from the U.S. Army Center of Military History website

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.  His record shows he initially enlisted in the Regular Army on 1 May 1967.   

3.  His DA Form 20 contains the following pertinent information:

   a.  Item 31 (Foreign Service) shows he served a tour of duty in Vietnam from 19 December 1969 through 12 March 1972.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in Vietnam he served with the 156th Heavy Equipment Maintenance (HEM) Company from 23 December 1969 to 27 January 1972; and with the 62nd Transportation Company from 28 January to 8 March 1972.

	c.  Item 41 (Awards and Decorations) shows he was awarded the following:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal (AGCM) (First Award)
* Parachutist Badge
* Mechanic Badge
* Expert Marksmanship Qualification Badge with Rifle Bar [M-14]  
* Expert Marksmanship Qualification Badge Pistol Bar [.45 Caliber]

4.  His records contain General Orders Number 657, Headquarters, U.S. Army Support Command, dated 14 November 1971.  These orders show he was awarded the AGCM and he was assigned to the 156th HEM Company at the time he received the award.

5.  On 14 March 1972, he was honorably released from active duty.  He completed 4 years, 10 months, and 12 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 
14 March 1972 shows he was awarded the following:

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* AGCM (First Award)
* Parachutist Badge
* Mechanic Badge
* Expert Marksmanship Qualification Badge with Rifle Bar [M-14]

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the VSM.  Appendix B shows the campaigns for Vietnam and states that a bronze service star will be awarded for wear on the VSM for participation in each campaign and one silver service star would be worn for every five campaigns.  During his tour in Vietnam, he participated in five campaigns:  

* Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970) 
* DA Sanctuary Counteroffensive (1 May to 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971)
* Consolidation I (1 July to 30 November 1971)
* Consolidation II (1 December 1971 to 29 March 1972)

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.  A search of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) and the U.S. Army Center of Military History website, failed to yield any results for the 156th HEM Company or for receiving any unit awards in Vietnam. 

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 
30 consecutive days of the period cited.  His regulation also states that an individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded all units in Vietnam the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his records to show this unit award.

2.  His records show he was previously awarded the VSM.  The evidence shows he participated in five campaigns during his tour in Vietnam.  Therefore, he is eligible to wear one silver service star to be affixed to his previously-awarded VSM.

3.  His DA Form 20 show special orders awarded him the Expert Marksmanship Qualification Badge with Pistol Bar [.45 Caliber].  Therefore, he is entitled to correction of his records to show this badge.

4.  The evidence shows he was not assigned to the 62nd Transportation Company during a period for which the MUC was awarded.  The evidence further failed to show 156th HEM Company received any unit awards during its tour in Vietnam.  As a result, there is no basis to grant this portion of his request. 

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 the VSM from item 24 of his DD Form 214 for the period ending 14 March 1972; and 

	b.  adding the following awards to item 24 of his DD Form 214 for the period ending 14 March 1972:

* RVN Gallantry Cross with Palm Unit Citation
* VSM with one silver service star
* Expert Marksmanship Qualification Badge with Pistol Bar [.45 Caliber]



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 MUC.




      _________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)                                         AR20100019064



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ABCMR Record of Proceedings (cont)                                         AR20100019064



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