IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110013007 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 16 February 1969:

* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states he was assigned to the 570th Repair Parts Company, 277th Supply and Support Battalion, 506th Field Depot, First Logistics Command, U.S. Army Vietnam (USARV).  He states:

* USARV was awarded the Meritorious Unit Commendation (Army) for the period 1 September 1966 to 31 August 1967 in Department of the Army General Order (DAGO) Number 10, dated 1968
* USARV was awarded the Meritorious Unit Commendation (Army) for the period 1 September 1967 to 31 October 1968 in DAGO Number 37, dated 1970

3.  The applicant provides his DD Form 214.

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.  He enlisted in the Regular Army on 8 March 1966 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 76P (Stock Control and Accounting Specialist).

3.  He was assigned to the 570th Supply Company in the Republic of Vietnam from 23 September 1966 to 30 April 1968.

4.  On 16 February 1969, he was released from active duty.  He completed 
2 years, 11 months, and 9 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he is authorized the:

* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Vietnam Service Medal

5.  DAGO Number 10, dated 1968 awarded the Meritorious Unit Commendation (Army) to, among others, the U.S. Army Special Security Detachment attached to the Headquarters, USARV, for the period 1 September 1966 to 31 August 1967. The DAGO also lists Headquarters and Headquarters Detachment, 1st Logistical Command as being awarded the Meritorious Unit Commendation (Army) for the period 1 January 1966 to 31 December 1966.  The 570th Supply Company is not listed in the DAGO as having been awarded the Meritorious Unit Commendation (Army).

6.  DAGO Number 37, dated 1970 awarded the Meritorious Unit Commendation (Army) to, among others, the U.S. Army Special Security Detachment (USARV) for the period 1 September 1967 to 31 October 1968.  The 570th Supply 

Company is not listed in the DAGO as having been awarded the Meritorious Unit Commendation (Army).

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows that all units assigned in Vietnam from 
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on DAGO Number 8, dated 1974.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

	b.  Based on his dates of service in Vietnam, Table B-1 shows he served in the:

* Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 	1967)
* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 
	29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 	1968) 

DISCUSSION AND CONCLUSIONS:

1.  DAGO Number 10, dated 1968 and DAGO Number 37, dated 1970 show that it was only the U.S. Army Special Security Detachment assigned to USARV that received the Meritorious Unit Commendation (Army) during the periods he specified.  His records do not show him being assigned to the U.S. Army Special Security Detachment at any time that he was in the Republic of Vietnam.  The DAGO's do not list his unit, the 570th Supply Company, as being awarded the Meritorious Unit Commendation (Army).

2.  DAGO Number 37, dated 1970 also shows Headquarters and Headquarters Detachment, 1st Logistical Command as receiving the Meritorious Unit 

Commendation (Army).  However, his records do not show him being assigned to this unit during his period of service in the Republic of Vietnam.

3.  In view of the above, there is no evidence the unit to which he was assigned in the Republic of Vietnam was awarded the Meritorious Unit Commendation (Army).  Therefore, he is not authorized the Meritorious Unit Commendation (Army) and it should not be added to his DD Form 214.

4.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.  

5.  He served in the Republic of Vietnam during the period all units assigned in the Republic of Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is authorized the Republic of Vietnam Gallantry Cross with Palm 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 amending item 24 of his DD Form 214 as follows:

	a.  Delete the Vietnam Service Medal.

	b.  Add the:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 Meritorious Unit Commendation (Army).  




      _______ _   _______   ___
               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)                                         AR20110013007





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013007



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1