IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140014513
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 Meritorious Unit Commendation (MUC) and three bronze service stars with his already-awarded Vietnam Service Medal (VSM).
2. The applicant states:
* these awards are not listed on his DD Form 214
* the MUC was awarded to his unit, Company A, 43d Signal Battalion
* he participated in three campaigns in Vietnam
3. The applicant provides:
* DD Form 214
* discharge orders from the U.S. Army Reserve (USAR)
* Honorable Discharge Certificate
* excerpts from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* DA Form 20 (Enlisted Qualification Record)
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 19 November 1965 for 3 years. He arrived in Vietnam on 29 April 1967. He served as a communications center specialist assigned to Company A, 43d Signal Battalion, from 10 May 1967 to 22 April 1968.
3. Records show he participated in four campaigns during his tour of duty in Vietnam.
4. On 3 September 1968, he was honorably released from active duty.
5. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* VSM
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the VSM for each credited campaign.
7. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. This pamphlet shows Company A, 43d Signal Battalion, was awarded the MUC for actions during the period 1 April 1967 to 31 May 1968 by Department of the Army General Orders Number 73, dated 1968.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's Vietnam unit was cited for award of the MUC. Therefore, his DD Form 214 should be corrected to show this unit award.
2. Although he contends he participated in three campaigns during his assignment in Vietnam, records show he participated in four campaigns which authorizes award of the VSM with four bronze service stars. His DD Form 214 should be corrected to show these service stars.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period. Therefore, his DD Form 214 should be corrected to show this unit award.
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 from his DD Form 214 the Vietnam Service Medal andf
adding to his DD Form 214 the following:
* MUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* VSM with four bronze service stars
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 correcting his DD Form 214 to show only three bronze service stars with his already-awarded VSM.
__________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) AR20140014513
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140014513
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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