IN THE CASE OF:
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130018378
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 award of the Combat Action Badge, Presidential Unit Citation, Valorous Unit Award, and the Meritorious Unit Commendation.
2. The applicant states he does not know how to prove he is entitled to the awards except to state he was a dog handler stationed at Cam Ranh Bay Vietnam and he came under mortar attack.
3. The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and 5 pages from a 31 July 1970 Operational Report.
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 was inducted on 18 July 1969, completed training, and was awarded military occupational specialty 95B1OP5 (Sentry Dog Handler).
3. His DA Form 20 (Enlisted Qualification Record) provides the following:
* service in Vietnam from 23 December 1969 to 17 February 1971 with the 981st Military Police Company
* award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
4. The applicant was released from active duty on 17 February 1971. His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. Army Regulation 600-8-22 (Military Awards) provides the following:
a. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined; and
b. A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam he participated during the following three campaign periods: the Vietnam WinterSpring 1970; 1 November 1969 - 30 April 1970; DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.
6. 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 document shows that while the applicant was assigned to the 981st Military Police Company, it was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant was released from active duty 30 years prior to the earliest date authorized for award of the Combat Action Badge and there is no provision for award of this badge for service prior to 18 September 2001.
2. The 981st Military Police Company is not shown to have been awarded either the Presidential Unit Citation or the Valorous Unit Award.
3. The 981st Military Police Company was authorized award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show these unit awards.
4. The applicant served in Vietnam during three campaigns; therefore, he is entitled to three 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 from his DD Form 214 the Vietnam Service Medal and
b. adding to his DD Form 214 the:
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
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 Presidential Unit Citation, Valorous Unit Award, or the Combat Action Badge.
____________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) AR20130018378
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130018378
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