IN THE CASE OF:
BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140002600
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 record to show he is authorized the Army Superior Unit Award (ASUA) awarded to the U.S. Army Chemical Activity, Pacific, for the period 30 June 1990 to 29 June 1991.
2. He states the ASUA was awarded approximately 60 days prior to his retirement and never made it into his record.
3. He provides an ASUA Certificate and 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 is a retired Regular Army colonel/O-6 who served on active duty from 13 August 1966 to 30 September 1992.
3. A review of his assignment history shows, in part:
* he served in Vietnam from 8 July 1967 to 8 July 1968
* he served as Commander, U.S Army Chemical Activity, Pacific, from 26 December 1990 until his return to the continental United States in January 1992
4. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded or authorized the:
* Legion of Merit (3rd Award)
* Bronze Star Medal (2nd Award)
* Meritorious Service Medal (3rd Award)
* Air Medal (5th Award)
* Army Commendation Medal (8th Award, one with "V" Device)
* Army Achievement Medal
* National Defense Service Medal (2nd Award)
* Humanitarian Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (5th Award)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
5. Department of the Army General Orders Number 34, dated 30 December 1992, awarded the ASUA to the U.S. Army Chemical Activity, Pacific, for the period 30 June 1990 to 29 June 1991.
6. Review of his record indicates he is entitled to additional decorations not listed on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. The Vietnam campaigns are listed in appendix B. His service in Vietnam coincided with four campaigns:
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
DISCUSSION AND CONCLUSIONS:
1. The applicant served as Commander, U.S. Army Chemical Activity, Pacific, during a period for which the unit was awarded the ASUA. He is entitled to correction of his DD Form 214 to show this unit award.
2. His participation in four campaigns during his Vietnam service entitles him to four bronze service stars for wear on his already-awarded VSM. His DD Form 214 should be corrected to show these bronze service stars.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:
* delete the VSM
* add the VSM with four bronze service stars and the ASUA
_______ _ 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) AR20140002600
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ABCMR Record of Proceedings (cont) AR20140002600
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