IN THE CASE OF:	  

		BOARD DATE:	  16 August 2011

		DOCKET NUMBER:  AR20110000020 


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 award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He further requests that his duty assignment as a bus guard be added to his DA Form 20 (Enlisted Qualification Record).

2.  The applicant states the Republic of Vietnam Gallantry Cross with Palm Unit Citation was omitted from his record and he was awarded the Meritorious Unit Commendation while assigned to the 1st Signal Brigade from 1968 - 1969.

3.  The applicant provides a copy of Headquarters, USAHAC, Bus Guard Special Instructions, dated 8 March 1969.

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 record shows he was inducted into the Army of the United States on 11 December 1967.  He completed his initial training and he was awarded military occupational specialty 72B (Communications Center Specialist).  He was released from active duty on 16 July 1969 and transferred to the U.S. Army Control Group (Annual Training).  He completed 1 year, 7 months, and 6 days of active service.

3.  He served in the Republic of Vietnam from 7 June 1968 to 13 July 1969. During this period he was assigned to the Phu Lam Signal Battalion, U.S. Army Strategic Command (STRATCOM) Facility.
   
4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, and Army Good Conduct Medal.

5.  He provided a copy of Headquarters, USAHAC, Bus Guard Special Instructions; however, his name does not appear on this document.

6.  The DA Form 20 is not maintained or updated subsequent to a Soldier's discharge from the Army.  

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.  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 Headquarters and Headquarters Company, 1st Signal Brigade, was awarded the Meritorious Unit Commendation for the period 
1 August 1967 to 31 October 1969, by Department of the Army Order (DAGO) 48, dated 1971; however, the applicant was not assigned to this unit during this period. 

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B shows the campaigns for Vietnam.  During the 
applicant's tour of duty in the Republic of Vietnam he participated in five campaigns:

* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet 1969 Counteroffensive
* Vietnam Summer-Fall 1969

10.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation, and adding his duty assignment as a bus guard to his DA Form 20.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show this foreign unit award.

3.  Records show he participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of a silver service star to be affixed to his previously-awarded Vietnam Service Medal and to correction of his 
DD Form 214 to show this award.

4.  He contends he was assigned to the 1st Signal Brigade from 1968 to 
1969 and this unit was awarded the Meritorious Unit Commendation while he was assigned to the unit.  However, the evidence shows he was assigned to the U.S. Army STRATCOM Facility during this period.  DAGO 48, dated 1971 awarded 1st Signal Brigade the Meritorious Unit Commendation during this period and the orders do not show the U.S. STRATCOM Facility was a subordinate unit, or that it was attached to the 1st Signal Brigade at this time.  Therefore, he is not authorized this medal.


5.  The applicant contends his DA Form 20 should be corrected to show he performed as a bus guard.  However, the DA Form 20 is not maintained or updated subsequent to a Soldier's discharged from the Army.  Even if this correction was appropriate, the document he provided would not be sufficient to make this correction because it does not contain the applicant's name or show when he served in this position.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the following awards to item 24 of his DD Form 214:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* silver service star to be affixed to his previously-awarded Vietnam Service Medal

2.  The Board further determined 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 Meritorious Unit Commendation and adding bus guard as a duty position to his DA Form 20.




      __________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)                                         AR20110000020



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110000020



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1