IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120000592
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 Army Commendation Medal (ARCOM), Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC), and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states these awards and citations were never annotated on his DD Form 214.
3. The applicant provides:
* Orders, citation, and award certificate for the ARCOM
* Lineage and honors information on the 124th Signal Battalion
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 18 November 1968 for a period of 2 years. He arrived in Vietnam on 12 May 1969. He served as a power generator equipment repairman assigned to Company B, 124th Signal Battalion in Vietnam from 4 June 1969 to 21 June 1970. On 21 June 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two Overseas Service Bars
4. Orders, dated 30 March 1970, show he received the ARCOM.
5. 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 124th Signal Battalion was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders 53, dated 1970.
6. Department of the Army Pamphlet 672-3 does not show the 124th Signal Battalion was cited for the PUC or MUC while he was assigned to it.
7. He provided lineage and honor information on the 124th Signal Battalion which states this unit received the MUC in 1967/1968 and the PUC in 1967.
8. Records show he participated in four campaigns during his assignment in Vietnam.
9. Army Regulation 600-8-22 (Military Awards) states the PUC is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.
10. Army Regulation 600-8-22 states the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.
11. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. Orders show he received the ARCOM. His DD Form 214 should be corrected to show this medal.
2. Evidence shows he served in Vietnam from 4 June 1969 to 21 June 1970. He provided documentation which shows the 124th Signal Battalion received the MUC in 1967/1968 and the PUC in 1967, prior to his service in Vietnam. Since the Department of the Army Pamphlet 672-3 does not show the 124th Signal Battalion was cited for the PUC or MUC while the applicant was assigned to it, there is insufficient evidence on which to base adding these unit citations to his DD Form 214.
3. His unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. His DD Form 214 should be corrected to show this unit award.
4. He participated in four campaigns during his service in Vietnam. Therefore, he is entitled to four 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.
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 adding the ARCOM, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.
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 adding the PUC or MUC to his DD Form 214.
_______ _ __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) AR20120000592
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ABCMR Record of Proceedings (cont) AR20120000592
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