IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110019695
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 request correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Meritorious Unit Commendation.
2. The applicant states this award was authorized under the provision of and in accordance with Department of Defense message to all personnel assigned to Headquarters and Headquarters Company (HHC), 1st Signal Brigade, APO 96307 and 96384.
3. He provides no additional evidence.
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 applicants 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 applicants 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 15 December 1964 for a period of 3 years. He completed training and he was awarded military occupational specialty 71H (Personnel Management Specialist). He served in Vietnam from 12 January 1967 to 6 December 1967. He assigned to HHC, 1st Signal Brigade, APO 96307.
3. On 18 December 1967, he was honorably released from active duty in pay grade E-5 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.
4. The DD Form 214 he was issued at the time shows the:
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* two overseas service bars
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows in addition to the awards listed on his DD Form 214 the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
6. 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 applicant's unit, HHC, 1st Signal Brigade, was cited for award of the Meritorious Unit Commendation for the periods:
* 1 April 1966 through 31 July 1967 by Department of the Army General Orders Number (DAGO) Number 17, dated 1968
* 1 August 1967 through 31 October 1969 by DAGO Number 48, dated 1971
7. Department of the Army Pamphlet 672-3, paragraph 6d states that 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. Army Vietnam, and its subordinate units, during the period
20 July 1965 to 28 March 1973.
8. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states that 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, the applicant participated in the following two campaigns:
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
DISCUSSION AND CONCLUSIONS:
1. The applicants unit in Vietnam was cited for two awards of the Meritorious Unit Commendation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
2. He participated in two campaigns while serving in Vietnam. Therefore, he is entitled to two 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.
3. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. Therefore, his DD Form 214 should be corrected to show this unit award.
4. The evidence of record shows he qualified Sharpshooter with the M-14 rifle. Therefore, his DD Form 214 should be corrected to show this qualification badge.
BOARD VOTE:
___X ___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from his DD Form 214 the Vietnam Service Medal, and
b. adding to his DD Form 214 the:
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
_______ _ 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) AR20110019695
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ABCMR Record of Proceedings (cont) AR20110019695
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