IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110015855 


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, in effect, correction of his records to show the Vietnam Service Medal with 7 bronze service stars and the Meritorious Unit Commendation (1st Oak Leaf Cluster).

2.  The applicant states he served overseas in the Vietnam Theater of Operations and he was assigned to the U.S. Army Security Agency (USASA),
7th Radio Research Field Station (RRFS), from 18 September 1969 to 
14 September 1970 and from 23 March 1971 to 5 September 1973.

	a.  He was awarded the Vietnam Service Medal and recently learned that he is authorized to wear bronze service stars to signify campaign participation.  His research shows that he served in the theater of operations during the following campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Cease-Fire (30 March 1972 - 28 January 1973)


	b.  His research also found the 7th Radio Research Unit (also known as the 7th USASA FS or 7th RRFS) was awarded the Meritorious Unit Commendation on two occasions.  Specifically, from 1 July 1970 to 30 September 1971 and from 3 October 1971 to 28 January 1973.

3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 May 1972
* his DD Form 214 (Report of Separation from Active Duty) for the period ending 26 May 1976
* DA Form 20 (Enlisted Qualification Record)
* DA Form 2-1 (Personnel Qualification Record)

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 enlisted in the Regular Army (RA) on 22 January 1968 for a period of 4 years.  He completed training and he was awarded military occupational specialty (MOS) 05H (Morse Interceptor).

3.  The applicant's DD Form 214 for the period ending 24 May 1972 shows he entered active service this period on 22 January 1968 and he was honorably discharged on 24 May 1972 for the purpose of immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)


4.  On 25 May 1972, the applicant reenlisted in the RA for a period of 4 years.

5.  The applicant's DA Form 20, dated 17 September 1973, shows in:

	a.  item 31 (Foreign Service) the entry:

* USAREUR (U.S. Army Europe) (Germany) – 8 December 1968 through 31 July 1969
* USARPAC (U.S. Army Pacific) (Thailand) – 18 September 1969 through 14 September 1970
* USARPAC (Thailand) – 23 March 1971 through 5 September 1973

	b.  item 38 (Record of Assignments) while in USARPAC he was assigned to:
   
* Company A, 7th RRFS, from 20 September 1969 through 31 October 1969
* Headquarters Company, 7th RRFS, from 1 November 1969 through
13 September 1970
* Headquarters Company, 7th RRFS, from 28 March 1971 through
4 May 1972
* Company B, 7th RRFS, from 5 May 1972 through 4 September 1973

	c.  item 39 (Campaigns) no entry (blank);

	d.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (2nd Award)
* Army Commendation Medal
* Meritorious Unit Commendation (1st Oak Leaf Cluster)

6.  The applicant's DA Form 2-1, dated 20 June 1974, shows in item 9 (Awards, Decorations and Campaigns):

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation (1st Oak Leaf Cluster)


* Army Commendation Medal (1st Oak Leaf Cluster)
* Armed Forces Expeditionary Medal
* Army Good Conduct Medal (3rd Award)

7.  The applicant's DD Form 214 for the period ending 26 May 1976 shows he entered active service this period on 25 May 1972 and he was honorably discharged on 26 May 1976.  The DD Form 214 shows in:

	a.  item 14 (Place of Entry into Current Active Service) the entry "Thailand," and

	b.  item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (3rd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Meritorious Unit "Citation"
* Army Commendation Medal (1st Oak Leaf Cluster)
* Armed Forces Expeditionary Medal

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

	a.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tours of duty in Thailand, the following Vietnam campaigns occurred:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Cease-Fire (30 March 1972 - 28 January 1973)

	b.  Paragraph 2-13 provides that the Vietnam Service 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.  Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  It also provides that one bronze service star is authorized for each campaign under the following conditions:

		(1)  assigned or attached to and present for duty with a unit during the period in which it participated in combat;

		(2)  under orders in the combat zone and in addition meets any of the following requirements:

* awarded a combat decoration
* furnished a certificate by a commanding general of a corps, higher unit, or independent force that the Soldier actually participated in combat
* served at a normal post of duty (as contrasted to occupying the status of an inspector, observer, or visitor)
* aboard a vessel other than in a passenger status and furnished a certificate by the home port commander of the vessel that he served in the combat zone

		(3)  was an evadee or escapee in the combat zone or recovered from a prisoner-of-war status in the combat zone during the time limitations of the campaign.  Prisoners of war will not be accorded credit for the time spent in confinement or while otherwise in restraint under enemy control.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that at the time of the applicant's assignment to the 7th RRFS (also known as the 7th USASA FS), the unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders:

* Number 43 (1972) for the period 1 July 1970 to 30 September 1971
* Number 54 (1974) for the period 3 October 1971 to 28 January 1973

10.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal and the Meritorious Unit Commendation.


11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show the Vietnam Service Medal with service stars representing his participation in 7 campaigns and two awards of the Meritorious Unit Commendation.

2.  Records show the applicant served in Thailand and he was authorized the Vietnam Service Medal.  However, there is no evidence of record that shows he was under orders in a combat zone, that his unit participated in combat, or that he was present for duty with a unit during the period in which it participated in combat.  In addition, records fail to show he was awarded a combat decoration or furnished a certificate by a commanding general confirming he actually participated in combat.  There is insufficient evidence that shows he met the criteria for campaign participation credit; therefore, he is not entitled to any service stars for wear on his already-awarded Vietnam Service Medal.

3.  The applicant's unit was cited for two award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 for the period ending 26 May 1976 to show these unit awards.

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 deleting from item 26 of his DD Form 214 for the period ending 26 May 1976 the Meritorious Unit Citation and replacing it with the Meritorious Unit Commendation (2nd Award).

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 entitling any service stars for wear on his already-awarded Vietnam Service Medal.



      ____________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)                                         AR20110015855



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ABCMR Record of Proceedings (cont)                                         AR20110015855



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