IN THE CASE OF:	  

		BOARD DATE:	      26 May 2011

		DOCKET NUMBER:  AR20100028370 


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:

* Presidential Unit Citation
* Meritorious Unit Commendation

2.  The applicant states the awards are not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Letter from his former battalion commander
* Listing of campaign participation and unit awards

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 inducted into the Army of the United States on 22 August 1968 and held military occupational specialty 13B (Field Artillery Crewman).  

3.  He served in the Republic of Vietnam from 21 January to 19 November 1969. He was assigned to B Battery, 1st Battalion, 40th Field Artillery.

4.  He was honorably released from active duty on 21 August 1970 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* One overseas service bar
* Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 40th Artillery was cited for award of the Meritorious Unit Commendation, for service from 6 June 1968 to 30 April 1969 based on Department of the Army General Orders Number 39, dated 1970.  

7.  There is no indication the 1st Battalion, 40th Artillery was cited for award of the Presidential Unit Citation during the applicant's assignment to this unit.

8.  He provided a letter, dated 2 November 1969, from his former battalion commander in Vietnam who confirmed the 1st Battalion, 40th Artillery was cited for award of the Meritorious Unit Commendation.  

9.  He also provides a listing of various campaigns for World War II, Vietnam, and Southwest Asia, as well as some of the unit awards received by the 40th Artillery Regiment, including the Presidential Unit Citation (Navy) from 1966 to 1967.

10.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) 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. 

11.  A review of the applicant’s records indicates his entitlement to additional awards which are not shown on his DD Form 214.

12.  Appendix B of Army Regulation 600-8-22 shows that during the applicant's tour of duty in the Republic of Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase VI 2 November 1968 - 22 February 1969
* TET 69/Counteroffensive 23 February - 8 June 1969
* Vietnam Summer - Fall 1969 9 June - 31 October 1969
* Vietnam Winter - Spring 1970 1 November 1969 - 30 April 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant's unit of assignment in Vietnam the Meritorious Unit Commendation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

3.  With respect to the Presidential Unit Citation, there is no indication that at the time of his assignment to the 1st Battalion, 40th Field Artillery from 21 January to 19 November 1969 this unit was awarded this award.  Additionally, there is no indication that he was assigned to any other unit that was awarded the requested award.  Therefore, there is insufficient evidence to show the Presidential Unit Citation.






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 adding to item 24 of his DD Form 214 the Meritorious Unit Commendation and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 the Presidential 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)                                         AR20100028370



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ABCMR Record of Proceedings (cont)                                         AR20100028370



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