BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110008485
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 Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation.
2. The applicant states his unit, the 5th Battalion, 2nd Artillery Regiment, was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1966-1971 and he was assigned to this unit on 26 February 1971.
3. The applicant provides a copy of Special Orders Number 50, 5th Battalion, 2nd Artillery Regiment, dated 22 February 1971.
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. On 2 September 1970, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty 16F (Light Air Defense Artillery Crewman).
3. On 9 August 1968, the applicant departed Fort Bliss, Texas, for duty in the RVN.
a Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he arrived in the RVN on 16 February 1971.
b. Special Orders Number 50, 5th Battalion, 2nd Artillery Regiment, dated 22 February 1971, show he was reassigned from the U.S. Army Vietnam Transition Detachment to Battery C, 5th Battalion, 2nd Artillery Regiment, with a reporting date of 26 February 1971.
c. Item 38 (Record of Assignments) of his DA Form 20 shows he was subsequently reassigned to Battery D, 71st Artillery Regiment. This unit appears to have been temporarily re-designated as the 23rd Artillery Group from June to October 1971.
d. On 18 December 1971, the applicant departed the RVN.
4. On 6 March 1972, the applicant was released from active duty. He had attained the rank of specialist four/pay grade E-4 and completed 1 year, 6 months, and 5 days of creditable active duty service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 215), lists his awards as:
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Good Conduct Medal
* RVN Gallantry Cross with Palm Unit Citation
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN. This pamphlet shows the 5th Battalion, 2nd Artillery Regiment; Battery D, 71st Artillery Regiment; and 23rd Artillery Group were each awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 2 December 1966 to 15 January 1971. This award was announced in Department of the Army General Orders (DAGO) Number 51, dated 1971, which was subsequently amended by DAGO Number 54, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the RVN Civil Actions Honor Medal First Class Unit Citation.
2. The available evidence of record clearly shows each of the units the applicant served with in the RVN was awarded the RVN Civil Actions Honor Medal First Class Unit Citation. However, the period for each of these awards ended prior to his arrival.
3. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20110008485
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