IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140001858
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Meritorious Unit Commendation (MUC) and his unit patch.
2. The applicant states:
* in 1966 and 1967 his unit was awarded two awards of the MUC
* according to Military.com, his unit was issued its own patch in 1966/1967
* he never received anything from the Army
3. The applicant provides documentation from Military.com.
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 26 January 1966 for a period of 3 years.
3. His DA Form 20 (Enlisted Qualification Record) shows he served as a combat engineer assigned to Company A, 27th Engineer Battalion, in Vietnam from 7 September 1966 to 31 August 1967.
4. On 28 April 1969, he was honorably released from active duty.
5. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
6. Department of the Army General Orders Number 8, dated 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.
7. 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 27th Engineer Battalion was cited for award of the:
* MUC for actions during the period October 1966 to April 1967 in Department of the Army General Orders (DAGO) 17, dated 1968
* MUC for actions during the period 1 April 1967 to 31 March 1968 in DAGO 38, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 9 August 1967 to 18 April 1968 in DAGO 43, dated 1970
8. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch." This regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters, Department of the Army, are authorized to be worn on the right sleeve of the Army green and field uniforms to signify wartime service. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.
DISCUSSION AND CONCLUSIONS:
1. The applicant's unit in Vietnam was cited for award of two MUC's, one Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. His DD Form 214 should be corrected to show these unit awards.
2. The applicant's request to show his unit patch on his DD Form 214 was noted. However, there are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration. Therefore, there is no basis for granting this portion of his request.
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 adding award of the MUC (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to 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 his unit patch 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) AR20140001858
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ABCMR Record of Proceedings (cont) AR20140001858
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