BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140001722 


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 show he was awarded the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), Presidential Unit Citation (PUC), and Meritorious Unit Commendation (MUC).

2.  The applicant states the ARCOM, AGCM, PUC, and MUC are not shown on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Army Commendation Medal Certificate
* Army Commendation Medal Citation

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 15 April 1968.

3.  Special Orders Number 142, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY on 5 June 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  On 20 April 1969, he was transferred to Vietnam.  He was assigned to the 151st Transportation Company during the period 22 April through 25 June 1969 and the 321st Transportation Company during the period 26 June 1969 through 26 March 1970.  He departed Vietnam en route to the United States on or about 27 March 1970.  During his service in Vietnam, he participated in three campaigns.

5.  General Orders Number 389, issued by Headquarters, U.S. Army Support Command - Saigon, Vietnam on 19 March 1970, awarded him the AGCM for exemplary behavior, efficiency, and fidelity during the period 15 April 1968 to 7 April 1970.

6.  General Orders Number 394, issued by Headquarters, U.S. Army Support Command - Saigon, Vietnam on 21 March 1970, awarded him the ARCOM for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period April 1969 to April 1970.

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* [unspecified] Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  He was honorably released from active duty on 29 March 1970, after completing 1 year, 11 months, and 15 days of active service, including 11 months and 9 days of foreign service in Vietnam.  His DD Form 214 shows:

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

	b.  Item 30 (Remarks) does not show his dates of service in Vietnam.

9.  General Orders Number 8, issued by the Department of the Army in 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

11.  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 the:

* 151st Transportation Company was awarded the MUC, for the period 1 July 1968 to 30 June 1969, by Department of the Army General Orders Number 53, dated 1970
* 321st Transportation Company was awarded the MUC, for the period 1 November 1968 to 30 June 1969, by Department of the Army General Orders Number 53, dated 1970
* 321st Transportation Company was awarded the MUC, for the period 1 July 1969 to 31 May 1970, by Department of the Army General Orders Number 50, dated 1971

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM (1st Award), AGCM, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Since his DD Form 214 does not show these awards, it should be corrected to show them.


2.  He served in Vietnam from 20 April 1969 through on or about 26 March 1970.  The remarks block of his DD Form 214 does not show his dates of service in Vietnam.  As a related issue, his DD Form 214 should be corrected to show these dates of service.

3.  His units in Vietnam were awarded three MUCs and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his periods of assignment.  Since his DD Form 214 does not show these unit awards, it should be corrected to show them.

4.  There is no evidence showing the 151st Transportation Company or the 321st Transportation Company was awarded the Presidential Unit Citation.  Therefore, there is no basis for adding this unit award 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 the evidence presented is 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 award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation (3rd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

* adding the entry "VIETNAM SERVICE FROM 20 APRIL 1969 TO 26 MARCH 1970" to item 30 of his DD Form 214

2.  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 adding award of the Presidential Unit Citation to his DD Form 214.




      ___________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)                                         AR20140001722



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ABCMR Record of Proceedings (cont)                                         AR20140001722



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