IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140004941
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 award of the Presidential Unit Citation.
2. The applicant states the award was omitted from his DD Form 214.
3. The applicant provides a copy of General Orders Number 17.
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 13 September 1966. He completed training and was awarded military occupational specialty 95B (Military Policeman).
3. His records contain a DA Form 20 (Enlisted Qualification Record) that shows he served in the Republic of Vietnam with the 527th Military Police Company from 21 February 1967 to 12 February 1968.
4. On 12 September 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). The DD Form 214 he was issued shows he was awarded the:
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2 Overseas Service Bars
5. The applicant provides a copy of General Orders Number 17, issued by Headquarters, Department of the Army, dated 17 March 1969, which show the 527th Military Police Company was awarded the Presidential Unit Citation for extraordinary heroism during the period 31 January to 10 February 1968.
6. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following three campaigns:
* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III
* TET Counteroffensive
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 527th Military Police Company was cited for award of the:
a. Presidential Unit Citation for the period 31 January to 10 February 1968 by Department of the Army General Order (DAGO) Number 17, dated 1969; and
b. Meritorious Unit Commendation for the period 1 January to 15 October 1968 by DAGO Number 48, dated 1969.
8. Department of the Army Pamphlet 672-3, paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show he is authorized a Presidential Unit Citation has been carefully examined and found to have merit.
2. Department of the Army Pamphlet 672-3 shows his unit was cited for award of a Presidential Unit Citation, a Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
3. The evidence reveals he participated in three campaigns during his service in Vietnam. Therefore, he is entitled to award of three bronze service stars for wear on his previously-awarded Vietnam Service Medal.
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:
a. deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214; and
b. adding to his DD Form 214 the:
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
_____________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) AR20140004941
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ABCMR Record of Proceedings (cont) AR20140004941
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