IN THE CASE OF:	  

		BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120003407 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Valorous Unit Award (VUA) and two awards of the Meritorious Unit Commendation (MUC). 

2.  The applicant states, in effect, his files show he was assigned to the following units during the dates of award:

* 20th Engineer Brigade - MUC for the periods 1 August-31 January 1968, by DAGO Number 48, dated 1968 and 1 February-31 July 1968, by Department of the Army General Orders (DAGO) Number 51, dated 1971
* 168th Engineer Battalion - MUC for the period 1 November 1968-30 June 1969, by DAGO Number 51, dated 1971 which was revoked
* 60th Engineer Company - MUC for the period 2 January 1969-2 July 1969, by DAGO Number 39, dated 1970
* 60th Engineer Company - VUA for the period 7 March-7 April 1969, by DAGO Number  39, dated 1970

3.  He believes that he has earned the privilege to wear them.  He is retired and would like to have the record clear if permission is given to wear them on his uniform.  

4.  The applicant provides:

* Recommendation for award of the MUC for the 62rd Engineer Battalion memorandum
* MUC for the 62nd Engineer Battalion, 60th Engineer Company, 501st Engineer Company, and 984th Engineer Company memorandum

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 military records show he enlisted in the Regular Army in pay grade E-1 on 3 March 1967 for 3 years.  He completed training and he was awarded military occupational specialty 62B (Engineer Equipment Mechanic).  

3.  He served in Vietnam from 1 January 1968 through on or about 30 April 1969, during six campaigns.  He was assigned to the following units from:

* 16 January to 18 March 1968 - Headquarters and Headquarters Company, 20th Engineer Brigade
* 19 March to 15 September 1968 - Company A, 168th Engineer Combat Battalion
* 16 September to 27 December 1968 - 27th Engineer, 168th Engineer Battalion
* 28 December 1968 to 23 January 1969 - Headquarters and Headquarters Company, 62nd Engineer Battalion
* 24 January to 17 April 1969 - 60th Engineer Company, 62nd Engineer Battalion
* 18 April 1969 - 249th General Hospital

4.  He was honorably released from active duty in pay grade E-5 on 2 March 1970, at the expiration of his term of service, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Two oversea service bars

5.  On 7 March 2005, in response to his previous request for correction to his DD Form 214, he was issued a DD Form 215 (Correction to DD Form 214) with the following corrections:

a. correcting his date of rank

   b.  deleting from his DD Form 214 the Vietnam Service Medal

   c.  adding to his DD Form 214 the:

* Vietnam Service Medal with one silver service star
* Army Good Conduct  Medal
* MUC
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 

6.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized to be worn with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  One silver service star denotes five bronze service stars.

7.  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 his unit, Headquarters and Headquarters Company, 20th Engineer Brigade, was cited for the:

* MUC for the period 1 August 1967-31 January 1968, by DAGO Number 48, dated 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967-9 February 1970, by DAGO Number 43, dated 1970

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows his unit, the 168th Engineer Battalion, was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967-9 February 1970, by DAGO Number 43, dated 1970.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) further shows his unit, the 62nd Engineer Battalion, was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967-9 February 1970, by DAGO Number 43, dated 1970.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows his unit, the 60th Engineer Company Battalion, was cited for the:

* VUA for the period 7 March-7 April 1969, by DAGO Number 39, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 23 December 1968-8 February 1970, by DAGO Number 43, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant's unit, the 20th Engineer Brigade, the MUC.  In March 2005, he was issued a DD Form 215 adding this award to his DD Form 214.

2.  General orders also awarded his unit, the 60th Engineer Company, the VUA during his period of service.  Therefore, it would be appropriate to add this unit award to his DD Form 214.

3.  The evidence of record also shows he participated in six campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to award of one additional service star to be affixed to his already-awarded Vietnam Service Medal. It would now be appropriate to correct his DD Form 214 to show the Vietnam Service Medal with one silver service star and one bronze service star.

4.  The evidence of record further shows his units, the 20th Engineer Brigade, 62nd Engineer Battalion, and 60th Engineer Company, during his period of assignment were each cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his 1978 DD Form 214 should be corrected to show these unit awards.

5.  DAGO 51, 1971 confirms the general orders for award of the MUC to the 168th Engineer Battalion were subsequently revoked.  Therefore, he is not entitled to the addition of this unit award to his DD Form 214.

6.  In view of the foregoing, his records should be corrected as recommended below.



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 his DD Form 214 the Vietnam Service Medal with one silver service star; and 
   
   b.  adding to his DD Form 214 the:

* Vietnam Service Medal with one silver service star and one bronze service star
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (3rd Award)

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 to his DD 214 a second or third award of the 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)                                         AR20120003407



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ABCMR Record of Proceedings (cont)                                         AR20120003407

   
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