IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120001882
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 Republic of Vietnam Gallantry Cross with Palm Unit Citation and Meritorious Unit Commendation (MUC) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* He served in Vietnam attached to Headquarters and Headquarters Company (HHC), 299th Engineer Battalion
* He was there from 13 July 1968 to 6 July 1969
* He was there during the siege of 1969
* He just found out his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and MUC
3. The applicant provides:
* Orders for the Valorous Unit Award
* Letter of Commendation
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
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 19 February 1968 for a period of 3 years. He served as a stock control and accounting specialist in Vietnam from 13 July 1968 to 6 July 1969 while assigned to the 299th Engineer Battalion. He was honorably released from active duty on 18 February 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) 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)
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar
4. 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 299th Engineer Battalion, during the applicant's assignment, was cited for award of the Valorous Unit Award for actions during the period 9 May 1969 to 1 July 1969 by Department of the Army General Orders Number 43, dated 1970.
5. Department of the Army Pamphlet 672-3 shows the 299th Engineer Battalion was not cited for award of the MUC.
6. 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.
7. A DD Form 215, dated 25 October 2004, amended his DD Form 214 by deleting the Vietnam Service Medal and adding the:
* Vietnam Service Medal with one silver service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
8. Since the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Valorous Unit Award are already listed on his DD Form 215 this portion of his request will not be discussed further in these proceedings.
9. Army Regulation 600-8-22 (Military Awards) 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. Units based in the continental United States are excluded from this award, as are other units outside the area of operations.
DISCUSSION AND CONCLUSIONS:
Since the Department of the Army Pamphlet 672-3 shows the 299th Engineer Battalion was not cited for award of the MUC, there is no basis for granting the applicant's request to add the MUC to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20120001882
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ABCMR Record of Proceedings (cont) AR20120001882
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