IN THE CASE OF:	  

		BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130016944 


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 add the Meritorious Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states, in effect, these unit awards were not added to his DD Form 214 because the awards were not available at the time he was separated from active duty.

3.  The applicant 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 enlisted in the Regular Army on 20 February 1967 and held military occupational specialty 91B (Medical Specialist).  

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 3 December 1967 to 15 August 1969 and served with: 

* Company C, 326th Medical Battalion, 101st Airborne Division from
5 December 1967 to 28 February 1968 and 5 April 1969 to 15 August 1969
* Company D, 326th Medical Battalion, 101st Airborne Division from 
1 March 1968 to 28 May 1968
* Headquarters and Headquarters Company, 1st Battalion, 327th Infantry Regiment from 29 May 1968 to 27 November 1968
* Headquarters and Headquarters Support Company, 326th Medical Battalion, 101st Airborne Division from 28 November 1968 to 4 April 1969

4.  He was honorably released from active duty on 27 April 1970.  His DD Form 214 shows he completed 3 years, 2 months, and 6 days of net active service, of which 1 year, 8 months, and 12 days was credited as foreign service.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Bronze Star Medal with "V" Device
* Combat Medical Badge
* Vietnam Service Medal
* Purple Heart 
* Air Medal (4th Award)
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Three overseas service bars

5.  Army Regulation 600-8-22 (Military Awards) states one bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in and one silver service star is authorized for each five campaigns.  Appendix B shows that during his service in Vietnam, the applicant participated in the following seven campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969
* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)

6.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows:

	a.  The 326th Medical Battalion (5 December 1967 to 28 February 1968) and (28 November 1968 to 15 August 1969) was awarded the:

* Meritorious Unit Commendation for the period 1 November 1968 to 
31 May 1969, by DA General Orders (DAGO) Number 39, dated 1970 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970, by DAGO Number 48, dated 1971

	b.  Company C, 326th Medical Battalion, 101st Airborne Division from
(5 December 1967 to 28 February 1968) and (5 April 1969 to 15 August 1969) was awarded the:

* Presidential Unit Citation for the period 10–21 May 1969, by DAGO Number 16, dated 1972

	c.  Headquarters and Headquarters Company, 1st Battalion, 327th Infantry Regiment from 29 May 1968 to 27 November 1968 was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969, by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970, by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant's various units in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award), and the Presidential Unit Citation during the periods he served with these units.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

2.  The evidence of record shows he participated in seven campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show one silver service star and two bronze service stars affixed to his previously-awarded Vietnam Service Medal.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT FULL 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 from his DD Form 214 the Vietnam Service Medal and

	b.  adding to his DD Form 214 the:

* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Presidential Unit Citation
* Vietnam Service Medal with one silver service star and two 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)                                         AR20130015557



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ABCMR Record of Proceedings (cont)                                         AR20130016944



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