IN THE CASE OF:	  

		BOARD DATE:  24 May 2012

		DOCKET NUMBER:  AR20110022728 


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 award of two Meritorious Unit Commendations, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to be issued the corresponding medals.

2.  The applicant states he served as a member of the 2nd Civil Affairs Company from September 1969 to September 1970 and the unit was awarded the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  In addition, he states the U.S. Military Assistance Command-Vietnam (MACV), Advisory Team 48, was awarded the Meritorious Unit Commendation for the period.

3.  The applicant provides 2 photographs and an internet printout from the 2nd Civil Affairs Company web page listing approved unit awards.

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's record shows he enlisted in the Regular Army on 27 June 1968.  He completed initial training and was awarded military occupational specialty 95B (Military Police).  He was released from active duty on 7 June 1971 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 2 years, 11 months, and 11 days of active duty service.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 2 October 1969 to 23 September 1970 and he was assigned to the 2nd Civil Affairs Company, Headquarters, II Field Force Vietnam.

4.  There are no orders or other documents showing he was assigned or attached to the MACV, Advisory Team 48, during his tour of duty in the Republic of Vietnam.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* Army Commendation Medal
* Bronze Star Medal
* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal (3 campaigns)
* Republic of Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  He provided an internet printout which shows the 2nd Civil Affairs and the 11th Platoon, MACV Advisory Team 48, were awarded the Meritorious Unit Commendation.  In addition, he provided two color photographs.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit he was assigned to while serving in the Republic of Vietnam was cited for award:

   a.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974; and 

   b.  The Meritorious Unit Commendation for the period 1 June 1969 through
31 July 1970, based on DAGO Number 43, dated 1972.
8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  This 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B shows the campaigns for Vietnam.  During the applicant's tour of duty in the Republic of Vietnam he participated in four campaigns:  Vietnam Summer-Fall 1969, Vietnam Winter-Spring, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the award of two Meritorious Unit Commendations, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to be issued the corresponding medals.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show this foreign unit award.

3.  Records show he participated in four campaigns while serving in the Republic of Vietnam.  His record also shows he was previously awarded the Vietnam Service Medal and credited with three campaigns.  Therefore, he is authorized the award of four bronze service stars and to have his record corrected to show this these service stars.

4.  In reference to the second award of the Meritorious Unit Commendation based upon his assignment with the MACV, Advisory Team 48, there is no evidence contained in his military personnel record or provided by the applicant to corroborate his assignment.  Therefore, there is insufficient evidence to correct his DD Form 214 to show this award.

5.  Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served.  The National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service 


department for issuance of the medals.  Written request with appropriate supporting evidence may be addressed to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100. Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry (PSID). P.O. Box 57997, Philadelphia, PA  19111.

6.  In view of the foregoing, he should be granted partial relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X  ___  ___X ___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the entry "VIETNAM SERVICE MEDAL:  VIETNAM SUMMER-FALL 1969 CAMPAIGN: VIETNAM WINTER-SPRING 1970 CAMPAIGN:  UNNAMED CAMPAIGN; and

	b.  adding the following awards to item 24 of his DD Form 214:

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



2.  The Board further determined 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 award of the second Meritorious Unit Commendation.



      __________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)                                         AR20110022728





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ABCMR Record of Proceedings (cont)                                         AR20110022728



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