IN THE CASE OF: 

		BOARD DATE:	    10 April 2014

		DOCKET NUMBER:  AR20130013440 


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 award of the:

* Bronze Star Medal (BSM)
* Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation
* Four Overseas Service Bars 
* Meritorious Unit Commendation (MUC) (2nd Oak Leaf Cluster)

2.  He states he earned the medal and was awarded it before his discharge.  He received the medal and certificate while in Vietnam.  He also states he was authorized the:

* BSM by General Orders Number 1758, U.S. Army Engineer Command, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation by Department of Army General Order (DAGO) Number 43, dated 1970
* Four Overseas Service Bars by Army Regulation 670-5 (Uniform and Insignia)
* MUC (2nd Oak Leaf Cluster) by General Orders Number 1472, Headquarters, U.S. Army Vietnam (USARV), dated 1971 



3.  He provides:

* DD Form 214
* General Orders Number 4202, dated 10 September 1970
* General Orders Number 1472, dated 1 May 1970
* DA Form 20 (Enlisted Qualification Record)
* Message of Appreciation, dated 3 July 1970
* BSM citation
* BSM award certificate, dated 1 November 1971
* Separation orders, dated 15 December 1971
* Memorandum, Subject:  Unit Citation Emblem for Members of the 20th Engineer Brigade
* Letter of Appreciation, dated 7 August 1971 and endorsements 

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 are not available to the Board.  This case is being considered using the documents provided by the applicant.  

3.  His DD Form 214 shows he enlisted in the Regular Army on 10 July 1969.  

4.  His DA Form 20 shows in:

	a.  item 31 (Foreign Service) he was credited with service in the RVN from 2 December 1969 through 12 February 1972.   

	b.  item 38 (Record of Assignments), he was assigned to Headquarters and Headquarters Company, 92nd Engineer Battalion (Construction) from 6 December 1969 to 7 February 1972.

	c.  item 41 (Awards and Decorations), entries for award of the National Defense Service Medal, Vietnam Service Medal, RVN Civil Actions Honor Medal First Class Unit Citation (DAGO Number 43, dated 1970), RVN Campaign Medal with Device (1960), four Overseas Service Bars, MUC (2nd Oak Leaf Cluster) (General Order Number 1472, Headquarters, USARV, dated 1971), and BSM (General Order Number 1758, Headquarters, USAR Engineer Command Vietnam, dated 1971).  

5.  He provided the following documents:

	a.  Headquarters, USARV, General Orders Number 4202, dated 10 September 1970, awarded the MUC (1st Oak Leaf Cluster) to the 92nd Engineer Battalion (Construction) and its attached units in support of military operations in the RVN during the period 1 January 1968 to 30 June 1969.

	b.  Headquarters, USARV, General Orders Number 1472, dated 1 May 1971, awarded the MUC (2nd Oak Leaf Cluster) to the 92nd Engineer Battalion (Construction) and its attached units in support of military operations in the RVN during the period 1 July 1969 to 30 June 1970.

	c.  Citation, he was presented award of the BSM for meritorious service in connection with military operations against a hostile force in the RVN during the period 2 December 1969 to 1 February 1972.  

	d.  Certificate, dated 1 November 1971, he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the RVN during the period 2 December 1969 to 1 February 1971.

	e.  Memorandum, 6 May 1970, members of the 28th Engineer Group were authorized the Vietnamese Unit Citation Emblem as a result of the 20th Engineer Brigade being awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 through 9 February 1970.

6.  He was honorably released from active duty on 13 February 1972.  The DD Form 214 he was issued at the time shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal


7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.

8.  DAGO Number 8, dated 1974, announced award of the RVN 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows that during his period of assignment, the
92nd Engineer Battalion (Construction), was cited for award of the:

   a.  MUC for actions during the period 1 July 1969 through 30 June 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971 and for the period 1 July 1970 through 31 December 1971 by DAGO Number 5, dated 1973.

	b.  RVN Civil Actions Honor Medal First Class Unit Citation for actions during the period 3 August 1967 through 9 February 1970 by DAGO Number 43, dated 1970.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Winter - Spring 1970, Sanctuary Counteroffensive , Vietnam Counteroffensive Phase VII, Consolidation I, and Consolidation II campaigns.  

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

12.  Army Regulation 670-1 also states a Soldier may wear a unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or who was attached by competent orders to   and present for duty with the unit during the entire period or for at least              30 consecutive days of the period cited.  A Soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he was awarded the BSM by Headquarters, USAR Engineer Command, General Order Number 1758, dated 1971.  This evidence is accepted as sufficient to correct his DD Form 214 to show this award.  

2.  Department of the Army Pamphlet 672-3 shows that during his assignment in Vietnam, his unit, 92nd Engineer Battalion (Construction) was cited twice for award of the MUC during the periods 1 July 1969 through 30 June 1970 (DAGO Number 51, dated 1971) and 1 July 1970 through 31 December 1971 (DAGO Number 5, dated 1973).  Therefore, he is eligible for two awards of the MUC and correction of his DD Form 214 to show these awards.  

3.  He provided Headquarters, USARV, General Orders Number 4202, dated 10 September 1970, which awarded the MUC (1st Oak Leaf Cluster) to the 92nd Engineer Battalion (Construction) during the period 1 January 1968 to 30 June 1969; however, his service record shows he didn't arrive in the RVN until December 1969.  Since he was not assigned to the unit during this period he was not authorized to permanently wear this award and it is therefore not authorized for entry on his DD Form 214.

4.  He also provided General Orders Number 1472, dated 1 May 1971, which awarded the MUC (2nd Oak Leaf Cluster) to the 92nd Engineer Battalion (Construction) for military operations in the RVN during the period 1 July 1969 to 30 June 1970.  Since his unit was cited for the MUC during the same period by DAGO 51, dated 1971, he is not eligible for wear of the MUC (2nd Oak Leaf Cluster), indicating a third award of the MUC.  

5.  His unit in the RVN was also cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  In addition, all units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  He served in the RVN from 2 December 1969 through 13 February 1972 (a period of 2 years, 2 months, and 12 days).  The Overseas Service Bar is an item of uniform wear, not an award or decoration.  Therefore, he is not authorized any Overseas Service Bars to be added to his DD Form 214.

7.  He participated in five campaign phases during his service in the RVN. Therefore, he is entitled to one silver service star (in lieu of five 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:

	a.  deleting the Vietnam Service Medal from his DD Form 214; and 

   b.  amending his DD Form 214 by adding award of the BSM, MUC (2nd Award), RVN Civil Actions Honor Medal First Class Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with one silver service star.

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 award of the MUC (2nd Oak Leaf Cluster).  



      ______ _   _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)                                         AR20130013440



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ABCMR Record of Proceedings (cont)                                         AR20130013440



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