BOARD DATE:	  22 October 2013

		DOCKET NUMBER:  AR20130003691 


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 following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Meritorious Unit Commendation (MUC) – seven awards
* six bronze service stars to be affixed to his already-awarded Vietnam Service Medal (VSM)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal (AGCM)

2.  The applicant states: 

	a.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards and medals he is entitled to, but they are not currently showing on his DD Form 214.

	b.  he needs an accurate DD Form 214 to file for his Department of Veterans Affairs benefits.

	c.  he is entitled to three MUCs for service with the Military Assistance Command Vietnam (MACV) and United States Army Vietnam (USARV); one MUC for service with the 69th Signal Battalion; one MUC for service with the 593rd Signal Company; one MUC for service with the 44th Signal Battalion; and one MUC for service with the 580th Signal Company.   
    
	d.  he participated in six campaigns in Vietnam.
	e.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to Headquarters, MACV and its subordinate unit during the period 
8 February 1962 to 18 March 1973 and to Headquarters, USARV and its subordinate units during the period 20 July 1965 to 28 March 1973.

	f.  he should be awarded the Army Good Conduct Medal because he had no Article 15s, disciplinary infractions, court-martials, and no extra duty for punishment.	

3.  The applicant provides an attachment of information contained in Army Pamphlet 672-3.

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 enlisted in the Regular Army on 7 February 1966 for a period of 3 years.  He completed his training and was awarded military occupational specialty 36H (dial center office repairman).  He arrived in Vietnam on 12 April 1967.  

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to:

* 593rd Signal Company (of the 69th Signal Battalion) in Vietnam from 15 April 1967 to 14 August 1967
* 580th Signal Company of the 44th Signal Battalion in Vietnam from 
      15 August 1967 to 18 November 1968

4.  On 20 November 1968, he was honorably released from active duty.




5.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* VSM
* Republic of Vietnam Campaign Medal with Device (1960)

6.  Records show he participated in six campaigns during his assignment in Vietnam.

7.  There are no orders for the AGCM in the available records.

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he received a "Fair" efficiency rating for the period 16 August 1966 to 2 November 1966 and he received a "G (A)" (good – academic) efficiency rating for the period 3 November 1966 to 23 March 1967.

9.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the 593rd Signal Company of the 
69th Signal Battalion was cited for award of the MUC for actions during the period 1 November 1966 to 31 October 1967 in Department of the Army General Orders (DAGO) 46, dated 1969.

10.  Department of the Army Pamphlet 672-3 shows the 580th Signal Company of the 44th Signal Battalion was cited for award of the:

* MUC for actions during the period 1 November 1966 to 15 August 1967 in DAGO 46, dated 1969
* MUC for actions during the period 15 August 1967 to 31 August 1968 in DAGO 37, dated 1970
* MUC for actions during the period 1 September 1968 to 31 August 1969 in DAGO 43, dated 1970

11.  DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.





12.  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.

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  A silver service star is authorized in lieu of five bronze service stars.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" render subsequent to 
22 November 1955 were not disqualifying.  There must have been no conviction by a court-martial.  However, there was no right or entitlement to the medal until the intermediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he is entitled to seven awards of the MUC, evidence shows the 593rd Signal Company of the 69th Signal Battalion was cited for one award of the MUC (for actions during the period 1 November 1966 to 
31 October 1967) during his period of assignment and the 580th Signal Company of the 44th Signal Battalion was cited for three awards of the MUC (for actions during the period 1 November 1966 to 15 August 1967, 15 August 1967 to 
31 August 1968, and 1 September 1968 to 31 August 1969) during his period of assignment.  His DD Form 214 should be corrected to show four awards of the MUC.

2.  He participated in six campaigns during his assignment in Vietnam which entitles him to the VSM with one silver service star and one bronze service star.  His DD Form 214 should be corrected to show these service stars.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  There are no orders for the AGCM in the available records.  His military record shows he received a "Fair" efficiency rating for the period 16 August 1966 to 2 November 1966 which is a disqualifying factor for award of the AGCM.  Therefore, there is insufficient evidence on which to base adding the AGCM to his DD Form 214.

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 MUC (4th Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star and one bronze service star for wear on his already-awarded VSM 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 AGCM or three additional awards of the 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)                                         AR20130003691





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ABCMR Record of Proceedings (cont)                                         AR20130003691



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