IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100019408
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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. He states the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation were awarded to the 374th Radio Research Company while he was assigned. He never received these commendations while on active duty.
3. He provides:
* DA Form 20 (Enlisted Qualification Record), page 3
* list of unit awards for the 374th Radio Research Company
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 enlisted in the Regular Army on 1 August 1967 for 4 years. He completed training and was awarded military occupational specialty 98C (Signal Intelligence Analyst).
3. He served in Vietnam from 30 April 1968 to 26 April 1969 during four campaigns. He was assigned to the 374th Radio Research Company, 4th Infantry Division.
4. He was honorably released from active duty in pay grade E- 5 on 10 June 1971 to attend school and was transferred to the U.S. Army Reserve Control Group.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: Army Good Conduct Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal, Army of Occupation Medal, National Defense Service Medal, Vietnam Service Medal, two overseas service bars, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
6. Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 374th Radio Research Company, was cited for the following awards:
* Meritorious Unit Commendation for service from 1 June 1967 to 30 June 1968 by Department of the Army General Orders Number 28, dated 1969 and Number 51, dated 1971
* Meritorious Unit Commendation for service from 1 July 1968 to 30 June 1969 by Department of the Army General Orders Number 52, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 January 1967 to 28 July 1969, by Department of the Army General Orders Number 3, dated 1970
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant's unit in Vietnam two Meritorious Unit Commendations and one Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, it would be appropriate to add these unit awards to his DD Form 214.
2. He participated in four campaigns while serving in Vietnam. His DD Form 214 lists the Vietnam Service Medal. Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show these service stars.
3. In view of the foregoing, his records should be corrected as recommended below.
BOARD VOTE:
__X_____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the applicant's DD Form 214 two Meritorious Unit Commendations, one Republic of Vietnam Gallantry Cross with Palm Unit Citation, four bronze service stars to be affixed to his Vietnam Service Medal, and providing him a corrected document showing these changes.
___________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) AR20100019408
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100019408
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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