IN THE CASE OF:	   

		BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130021346 


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 Navy Presidential Unit Citation (NPUC), two awards of the Meritorious Unit Commendation (MUC), and any other awards to which he may be entitled.

2.  The applicant states he was discharged before the requested awards were authorized.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Department of the Army General Orders (DAGO) Number (#) 32, dated  24 September 1973

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 into the Army of the United States on 9 November 1965.  He was trained in and awarded military occupational specialty 45G (Turret Artillery Repairman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) with Battery B, 1st Battalion, 40th Artillery Regiment from 24 September 1966 to 20 August 1967.  Item 41 (Awards and Decorations) includes an entry that shows he earned the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.

4.  On 21 August 1967, the applicant was honorably released from active duty after completing 1 year, 9 months, and 13 days of creditable military service.  His DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device 1960
* One Overseas Service Bar

5.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the VSM.  It states 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 following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

6.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms that the 1st Battalion, 40th Artillery Regiment was cited for award of the:

* NPUC for the period 27 October 1966 to 15 September 1967 by DAGO Number 32, dated 1973
* RVN Civil Actions Honor Medal First Class Unit Citation for the period       1 December 1966 to 31 August 1970 by DAGO Number 5. dated 1971
* 
MUC for the period 16 September 1967 to 5 June 1968 by DAGO Number 73, dated 1968 and for the period 6 June 1968 to 30 April 1969 by DAGO Number 39, dated 1970

7.  DAGO General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and

-	b.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

8.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.  An individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to certain Army awards has been carefully considered and found to have partial merit.  Based on his RVN service he is entitled to the NPUC, RVNGC with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to reflect these awards.

2.  His DA Form 20 also shows he qualified as a "sharpshooter" with the M-14 rifle and this qualification is not currently listed on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this weapon qualification badge.

3.  Although his unit was cited for two awards of the MUC, the MUCs were never awarded to the applicant's unit during the period of his assignment in Vietnam.  Accordingly, he is not authorized permanent wear of these unit awards or to have these MUC's added to his DD Form 214.


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 2214 the Vietnam Service Medal and

	b.  adding to his DD Form 214 the:

* Vietnam Service Medal with two bronze service stars
* Navy Presidential Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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 two Meritorious Unit Commendation awards.



      ___________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)                                         AR20130021346





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ABCMR Record of Proceedings (cont)                                         AR20130021346



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