IN THE CASE OF:	   

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110018543 


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 Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two awards of the Meritorious Unit Commendation for assignments with the 317th Maintenance Company and Avel South
* The Vietnam Service Medal with four bronze stars for participation in the Summer-Fall 1969, Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns
* Credit for two awards of the Army Commendation Medal

2.  He states the citations were presented to his unit after he was discharged from the service, but they were never included on his DD Form 214.

3.  He provides:

* A 3-page listing of unit citations for Avel units
* Listing of campaign credits for Vietnam
* Orders, award certificates, and citations for award of the Army Commendation Medal


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 on 20 September 1968 for a period of 3 years.  He was trained in and awarded military occupational specialty (MOS) 41G (Combat Surveillance Photographic Equipment Repairer).  He served in Vietnam from 2 July 1969 to 21 June 1970.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments), he was assigned to the 8th Signal Detachment on 7 July 1969 (redesignated as the 317th Maintenance Company on 1 December 1969) to 21 June 1970
* item 38, he received all "excellent" conduct and efficiency ratings through his service
* item 41 (Awards and Decorations) the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars

4.  General Orders Number 3334, issued by Headquarters, 1st Aviation Brigade, dated 7 May 1970, awarded him the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 15 January to 15 March 1970.

5.  General Orders Number 3644, issued by the same headquarters, dated 13 May 1970, as amended by General Orders Number 5178, dated 18 June 1970, awarded him the Army Commendation Medal (2nd Award) for meritorious service in the Republic of Vietnam from July 1969 to July 1970.

6.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.

7.  On 17 August 1971, he was honorably released from active duty by reason of early separation from overseas service and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.  He completed
2 years, 10 months, and 28 days of total active service with no time lost.  The rank/grade he held at the time of separation was specialist five (SP5)/E-5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

8.  He provided an extract listing of unit citations for Avel South in Vietnam from an internet website.  This document shows the Meritorious Unit Commendation was awarded to Avel South for achievements during the period 1 November 1967 to 31 October 1968, by Department of the Army General Orders (DAGO) Number 39, dated 1970.

9.  Information obtained from the www.AvelVietnam.com website stated Avel South was formed on 1 January 1966.  It was part of the 765th Transportation Battalion, 34th General Support Group, U.S. Army Vietnam Command.  Upon formation it consisted of three platoons; one at Vung Tau, one in Vinh Long, and one in Long Thanh.  Avel South was officially redesignated as the 317th Light Equipment Maintenance Company on 1 December 1969.  It came under the control of the 1st Aviation Brigade in December 1971.  The 317th Light Equipment Maintenance Company was officially deactivated on 1 April 1972.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, he participated in the following three 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)

11.  Appendix B further shows the Vietnam Counteroffensive Phase VII extended from 1 July 1970 through 30 June 1971.

12.  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 the 8th Signal Detachment was cited for award of the Meritorious Unit Commendation for the period 1 November 1968 through
1 December 1969 by DAGO Number 51, dated 1971.

13.  Department of the Army Pamphlet 672-3 also shows the unit to which the applicant was assigned, 317th Maintenance Company, was cited for award of the Meritorious Unit Commendation for the period 1 February 1970 through 31 July 1971 by DAGO Number 5, dated 1973.

14.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units in Vietnam during the applicant's period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

2.  The applicant's units in Vietnam, the 8th Signal Detachment and the
317th Maintenance Company was each cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  Records show he participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  General orders awarded the applicant two awards of the Army Commendation Medal for his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these awards.


5.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  He was also honorably released from active duty in the rank/grade of SP5/E-5.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 20 September 1968 through 17 August 1971 and his DD Form 214 should be corrected to show this award.

6.  He provided a listing of unit citations that shows Avel South was cited for award of the Meritorious Unit "Citation" (Commendation) for the period
1 November 1967 through 31 October 1968.  However, he was neither assigned to this unit nor was he even in Vietnam during this period.  Therefore, there is no basis for granting this portion of his request.

7.  The applicant further states he should be entitled to a bronze service star for the Vietnam Counteroffensive Phase VII.  However, this campaign extended from
1 July 1970 through 30 June 1971, after his departure from Vietnam on 21 June 1970.  Therefore, there is no basis for granting this portion of his request.

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:

	a.  deleting from item 24 of his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 20 September 1968 through 17 August 1971;


	c.  adding to item 24 of his DD Form 214 the:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* Vietnam Service Medal the three bronze service stars
* Meritorious Unit Commendation (2nd Award)
* 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 any additional bronze service stars for wear his Vietnam Service Medal or an additional Meritorious Unit Commendation beyond those noted in paragraph 1c above.



      ___________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)                                         AR20110018543



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ABCMR Record of Proceedings (cont)                                         AR20110018543



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