IN THE CASE OF:
BOARD DATE: 30 April 2014
DOCKET NUMBER: AR20130015683
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 Meritorious Unit Citation (currently known as the Meritorious Unit Commendation), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze battle stars (currently known as bronze service stars) for wear on his Vietnam Service Medal.
2. He states he returned from Vietnam and was discharged without these awards being added to his DD Form 214.
3. He provides his DD Form 214 and pages from Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).
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 23 August 1966. He was assigned to Headquarters and Headquarters Company, 184th Ordnance Battalion in Vietnam from 6 April 1968 to 5 April 1969.
3. He was honorably released from active duty on 5 April 1969 after completion of 2 years, 7 months, and 13 days of active military service.
4. His DD Form 214 shows award of the National Defense Service Medal, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and two Overseas Service Bars.
5. 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. 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.
6. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. This pamphlet shows Headquarters and Headquarters Company, 184th Ordnance Battalion, was cited for award of the Meritorious Unit Commendation for the period 1 May 1967 to 30 April 1968 by Department of the Army General (DAGO) Order Number 31, dated 1969 and for the period 1 May 1968 to 30 April 1969 by DAGO Number 39, dated 1970.
7. 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. Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 69/Counteroffensive campaigns.
DISCUSSION AND CONCLUSIONS:
1. The applicant's unit in Vietnam was cited twice for award of the Meritorious Unit Commendation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
2. All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show this foreign unit award.
3. The applicant participated in four campaigns during his service in Vietnam. Therefore, he is entitled to four 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:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 two awards of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with four bronze service stars.
_______ _ 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) AR20130015683
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ABCMR Record of Proceedings (cont) AR20130015683
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