IN THE CASE OF:	  

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130017670 


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, on two separate applications, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct foreign service dates in Vietnam and show award of the Meritorious Unit Commendation (MUC).

2.  The applicant states he was in Vietnam from 26 July 1968 to 16 September 1970 and the MUC is not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Headquarters, U.S. Army Republic of Vietnam (USARV) General Orders Number 3901
* Rating Decision from the Department of Veterans Affairs (VA) Regional Office

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 31 January 1968.  He completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 71H (Personnel Specialist).  Item 31 (Foreign Service) of his DA Form 20 shows he departed for assignment to Vietnam on 19 July 1968.

3.  Headquarters, USARV, Transient Detachment Special Order (SO) 204, dated 
22 July 1968, show the applicant was at the Transient Detachment on this date and he was further assigned to the 56th Army Postal Unit (APU). 

4.  The applicant's DA Form 20 shows he was assigned to the 56th APU from 26 July 1968 to 16 September 1970.  He was honorably released from active duty on 19 September 1970.

5.  The applicant's DD Form 214 shows in:

* Item 30 (Remarks) "RVN:  19JUL69-19SEP70"

6.  The applicant's DD Form 214 does not show award of the MUC.

7.  Headquarters, USARV General Orders Number 3901, dated 18 October 1969, awarded the MUC to the 56th APU for exceptionally meritorious achievement in the performance of outstanding service during the period 19 March 1968 to 20 May 1969. 

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the applicant’s tenure with the 56th APU, this unit was awarded the Republic of Vietnam Gallantry Cross with 
Palm Unit Citation for service from 26 July 1968 to 16 September 1970 based on Department of the Army General Orders Number 8, dated 1974.  

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, campaign participation credit was awarded for the:
* Vietnam Counteroffensive, Phase V, which extended from 1 July 1968 to 1 November 1968
* Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive, which extended from 23 February through          8 June 1969; 
* Vietnam Summer-Fall 1969, which extended from 9 June through           31 October 1969; 
* Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970;
* Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; 
* Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971; 

10.  He provided a copy of a printout from the VA which indicated he was denied a service-connected disability rating for several ailments.

DISCUSSION AND CONCLUSIONS:

1.  The evidence supports the applicant's request for correction of his DD Form 214 to show his correct dates of service in Vietnam and award of the MUC.

2.  The applicant’s DA Form 20 shows he departed for assignment to Vietnam on 19 July 1968, but that is not the date he would have arrived in Vietnam.  SO 204 shows he was at the USARV Transient Detachment on 22 July 1968.  He may have arrived in Vietnam a day or two earlier; however, 22 July 1968 is the earliest date that can be verified from his records.  His DA Form 20 shows he arrived at the 56th APU on 26 July 1968.  His DA Form 20 also shows that he departed Vietnam in a casual leave status on 16 September 1970. 

3.  Considering that the above information is correct his DD Form 214 in:

* item 30 should be corrected to show he served in Vietnam from
22 July 1968 through 16 September 1970

4.  Headquarters, USARV General orders Number 3901 awarded his unit, the 56th APU, the MUC.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

5.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award. 
6.  He was awarded the VSM.  He participated in seven campaigns while serving in the RVN; therefore, he is entitled to one silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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: 

* deleting "RVN 19 JUL69-19 SEP70" and adding "RVN 22 JUL68-
16 SEP70"

2.  Adding the following awards to this DD Form 214.

* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* One silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal

3.  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 showing he served in Vietnam from        26 July 1968 to 16 September 1970.



      _______ _   _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)                                         AR20130017670



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ABCMR Record of Proceedings (cont)                                         AR20130017670



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