IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130008217
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 all awards to which he is entitled, specifically the following awards:
* Purple Heart
* Presidential Unit Citation
* Meritorious Unit Citation (now known as the Meritorious Unit Commendation)
2. He states his DD Form 214 does not show all the medals he was awarded in Vietnam. He adds he was assigned to Company A, 70th Engineer Battalion, in Vietnam.
3. He provides his 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 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 was inducted into the Army of the United States on 21 September 1966. He completed training and he was awarded military occupational specialty 12B (Combat Engineer). He served in the Republic of Vietnam (RVN) from 27 February 1967 to 21 February 1968 while assigned to Company B, 70th Engineer Battalion.
3. Headquarters, 18th Engineer Brigade, General Orders Number 95, dated 16 February 1968, awarded him the Purple Heart for wounds received in action on 6 January 1968.
4. On 27 September 1968, he was honorably released from active duty in the temporary grade of E-4. He completed 2 years of active duty service with 8 days of lost time from 25 July to 1 August 1968. The DD Form 214 he was issued at the time shows he was awarded or authorized the:
* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM)
* one overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded two overseas service bars.
6. Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign. Appendix B shows participation credit was awarded for the following campaigns coinciding with the applicant's service in Vietnam:
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January 1968-1 April 1968)
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet shows the 70th Engineer Battalion was awarded the Presidential Unit Citation for the period 23 October to 26 November 1965 and the Meritorious Unit Commendation for the period August 1965 to June 1966.
8. Department of the Army Pamphlet 672-3, paragraph 6d, states Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Purple Heart. Therefore, his DD Form 214 should be corrected to show this award.
2. The record of evidence verifies the applicant was assigned to the 70th Engineer Battalion; however, he was not assigned to the battalion at the time the battalion was awarded the Presidential Unit Citation or Meritorious Unit Commendation. Therefore, he is not entitled to correction of his DD Form 214 to show these unit awards.
3. His DA Form 20 verifies that he was awarded two overseas service bars. Therefore, he is entitled to correction of his DD Form 214 to show these service bars.
4. All units serving in Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show this unit award.
5. He participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for his already-awarded VSM. Therefore, his DD Form 214 should be corrected 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 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 award of the VSM and one overseas service bar from his DD Form 214 and
b. adding the following awards to his DD Form 214:
* Purple Heart
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* two overseas service bars
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 award of the Presidential Unit Citation and 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) AR20130008217
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ABCMR Record of Proceedings (cont) AR20130008217
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