IN THE CASE OF:	

		BOARD DATE:	3 March 2011

		DOCKET NUMBER:  20100019760


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 that his records be corrected to show award of the Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation and the Meritorious Unit Commendation.

2.  The applicant states, in effect, he believes he is entitled to the above awards based on Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).

3.  The applicant provides five pages from the Department of the Army Pamphlet 672-3 showing award of the Meritorious Unit Commendation and RVN Civil Actions Honor Medal First Class Unit Citation to the 1st Transportation Battalion. 

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.  Available records show the applicant enlisted in the Regular Army on 23 April 1964.  He completed training and he was awarded military occupational specialty (MOS) 427.10 (later changed to MOS 45J) Aircraft Armament Repairman.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

   a.  in item 38 (Record of Assignments) Company A, 1st Transportation Battalion, Vietnam.

   b.  he served in Vietnam from 1 February 1966 through 24 January 1967;

   c.  in item 41 (Awards and Decorations) National Defense Service Medal, Marksman Marksmanship Qualification Badge Rifle (M-14), Vietnam Service Medal, and RVN Campaign Medal with Device 1960.

4.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 25 January 1967.  Item 26 (Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized) show the National Defense Service Medal, Vietnam Service Medal with Device, Armed Forces Expeditionary Medal, and the Vietnam Campaign Medal with Device.

5.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214 and some that are shown need correction.

6.  His records contain General Orders Number 9, U.S. Army Materiel Group Number 1, Corpus Christi, TX, dated 7 March 1968, announcing award of the Good Conduct Medal for the period 22 April 1964 to date of separation on or about 22 April 1967. 

7.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B shows that based on the applicant's dates of service in Vietnam he participated in the following campaigns: the Vietnam Counteroffensive, 25 December 1965-30 June 1966, and the Vietnam Counteroffensive, Phase II, 1 July 1966-31 May 1967.

8.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows that during the period of the applicant's assignment to the 1st Transportation Battalion it was cited for award of the:


	a.  Meritorious Unit Commendation for the period 1 November 1966 to
31 October 1967, by Department of the Army General Orders (DAGO) Number 32, dated 1973.

	b.  RVN Civil Actions Honor Medal First Class Unit Citation for the period 
1 April 1966 to 31 October 1972, by DAGO Number 48, dated 1968.

9.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show award of the Civil Actions Honor Medal First Class Unit Citation and the Meritorious Unit Commendation.

2.  General orders show the applicant was awarded the Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  The available record reflects he participated in two designated campaigns during his service in the RVN; therefore, he is authorized award of two bronze service stars to be worn on his Vietnam Service Medal.  

4.  Although the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal with Device and the Vietnam Campaign Medal with Device, neither is listed by its proper name.  His DD Form 214 should be corrected to show he was awarded the Vietnam Service Medal with two bronze service stars and the RVN Campaign Medal with Device (1960).

5.  His unit was also authorized the Meritorious Unit Commendation, RVN Civil Actions Honor Medal First Class Unit Citation, and the RVN Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be corrected to show these awards.

6.  Additionally, his records show he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  His DD Form 214 should also be corrected to show this badge.




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:

   a.  deleting the Vietnam Service Medal with Device and the Vietnam Campaign Medal with Device from item 26 of his DD Form 214; and

   b.  adding the Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal with two bronze service stars, RVN Campaign Medal with Device (1960), Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation to item 26 of his DD Form 214.




      ____________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)                                         AR20100000026



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ABCMR Record of Proceedings (cont)                                         AR20100019760



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