IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140006752
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 the Meritorious Unit Commendation (MUC).
2. The applicant makes no statement.
3. The applicant provides his DD Form 214 and Headquarters, U.S. Army Vietnam General Orders Number 2308.
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. On 6 October 1965, he was inducted into the Army of the United States. He was awarded military occupational specialty 12B (Combat Engineer). He attained the rank of sergeant/pay grade E-5.
3. He performed duties as a heavy truck driver and assistant squad leader in the RVN while assigned to Company A, 14th Engineer Battalion (Combat), during the period 27 September 1966 to 14 September 1967.
4. On 17 September 1967, he was honorably released from active duty. He completed 1 year, 11 months, and 12 days of creditable active service. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar
5. A review of his record indicates entitlement to additional awards not listed in his records.
6. 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 the following campaigns:
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 14th Engineer Battalion was awarded the MUC for the period 18 October 1966-18 July 1967.
8. Department of the Army Pamphlet 672-3, paragraph 6d, states 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 during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. His unit was awarded the MUC and the RVN Gallantry Cross with Palm Unit Citation for a period that coincided with his service with that unit in Vietnam. Therefore, his DD Form 214 should be corrected to show these unit awards.
2. He was awarded the VSM and he participated in two campaigns while serving in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded VSM with two bronze service stars.
3. In view of the foregoing, he is entitled to have his records corrected as recommended below.
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 VSM from his DD Form 214 and
b. adding to his DD Form 214 the:
* VSM with two bronze service stars
* MUC
* RVN 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) AR20140006752
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ABCMR Record of Proceedings (cont) AR20140006752
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