IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130016440
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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) be corrected to show two awards of the Meritorious Unit Commendation (MUC with 1 Oak Leaf Cluster (1OLC)).
2. The applicant states, in effect, that his unit was awarded two presidential citations (i.e., the MUC 1OLC) during the period he served with the unit and he desires to have his records corrected to reflect those awards.
3. The applicant provides a copy of the orders transferring him from Vietnam and a copy of his units lineage and honors.
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. On 9 May 1967, the applicant enlisted in the Regular Army for a period of
3 years. He completed basic training at Fort Polk, Louisiana and advanced individual training as an asphalt worker at Fort Leonard Wood, Missouri.
3. On 26 August 1968, he was transferred to Vietnam for assignment to the 591st Engineer Company.
4. After serving in five campaigns, he departed Vietnam on 8 December 1969 and was transferred to Fort Lewis, Washington where he was honorably released from active duty as an overseas returnee on 10 December 1969. He had served 2 years, 7 months, and 3 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.
5. 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 was cited for award of the MUC 1OLC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, which is the Vietnam Service Medal in this case. A silver service star is worn in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. The applicants unit was awarded the MUC 1OLC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit. Accordingly, he is entitled to have those awards added to his DD Form 214.
2. Additionally, he served in five campaigns while in Vietnam and is entitled to wear one silver service star on his already awarded Vietnam Service Medal and to have it entered on his DD Form 214.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the Vietnam Service Medal (VSM) from his DD Form 214
* Adding the Vietnam Service Medal with one silver service star, MUC 1OLC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20130016440
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ABCMR Record of Proceedings (cont) AR20130016440
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