BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140016051 


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 his authorized awards.

2.  The applicant states he was assigned to the 14th U.S. Army Security Agency (USASA) Field Station (FS), Hakata, Japan, from April 1971 to March 1972 and the unit was awarded the Meritorious Unit Commendation (MUC).

   a.  He was assigned to Company B, 7th Radio Research Field Station (RRFS), USASAFS in Thailand, from March to June 1972 and he is eligible for a second award of the MUC for this period of service.  He was then assigned to Company A and attached to Detachment J (Ubon, Thailand).  He adds that Detachment J was further attached to the U.S. Air Force, 8th Tactical Fighter Wing (Ubon, Thailand).  

   b.  The 8th Tactical Fighter Wing received several unit citations during the time period he was attached, including the MUC and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.  However, he is not sure if the unit was awarded the RVN Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant provides a copy of his DD Form 214 and extracts from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).


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 29 June 1970 for a period of 
4 years.  He was awarded military occupational specialty 05H (Morse Intercept).

3.  He was promoted to specialist four (SP4)/pay grade E-4 on 19 February 1971.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms) –

* M-16 Rifle, Sharpshooter, 7 August 1970
* Hand Grenade, First Class (Sharpshooter), 12 August 1970

* item 31 (Foreign Service) –

* Japan from 11 April 1971 through 5 March 1972
* Thailand from 7 March 1972 through 9 March 1973

* item 38 (Record of Assignments) – 

* Company A, USASAFS Hakata, from 19 April 1971 through 4 March 1972
* Company B, 7th RRFS, from 9 March 1972 through 6 June 1972
* Company A, 7th RRFS with duty Detachment J, from 7 June 1972 through 8 March 1973

* item 41 (Awards and Decorations) – 

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* First Class Marksmanship Qualification Badge with Grenade Bar
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)

5.  His DD Form 214 shows he entered active duty this period on 29 June 1970, was honorably released from active duty on 10 March 1973 due to the phase-down release program, and transferred to the U.S. Army Reserve Control Group (Reinforcement).

   a.  He completed 2 years, 8 months, and 12 days of net active duty service this period that included 1 year, 10 months, and 29 days of foreign service.
   
   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  In support of his application the applicant provides a one-page document with handwritten information showing "USASAFS, April 1971 – March 1972 (Japan, FS Hakata)" and "RRFS (7th USASAFS), March 1972 – June 1972."  It also contains information extracted from Department of the Army Pamphlet 672-3 that shows the:

* 1st Radio Research Company (1st Army Security Agency Company) was cited for award of the –

* MUC for the period –

* 1 May 1967 – 30 June 1969 in Department of the Army General Orders (DAGO) Number 2 (1971)
* 1 January 1971 – 30 April 1972 in DAGO  Number 32 (1973)

* RVN Gallantry Cross with Palm Unit Citation for the period
1 January 1970 – 3 March 1971 in DAGO Number 6 (1974)

* 3rd Radio Research Unit (82nd USA ASA Special Operations Unit) was cited for award of the –

* MUC for the period 13 May 1961 – 31 December 1962 in DAGO Number 22 (1963)
* RVN Gallantry Cross with Palm Unit Citation for the period –

* 1 July 1966 – 31 July 1966 in DAGO Number 21 (1969)
* 9 December 1966 – 18 January 1967 in DAGO Number 21 (1969)

* 7th Radio Research Unit (7th USASAFS) was cited for award of the –

* MUC for the period –

* January 1965 – May 1966 in DAGO Number 17 (1968)
* 1 July 1970 – 30 September 1971 in DAGO Number 43 (1972)
* 3 October 1971 – 28 January 1973 in DAGO Number 54 (1974)

* 8th Radio Research Unit (8th USASA Unit) was cited for award of the MUC for the period November 1964 – June 1966 in DAGO Number 17 (1968)

* 8th RRFS (8th USASAFS) was cited for award of the –

* MUC for the period –

* 1 October 1967 – 31 December 1968 in DAGO Number 14 (1979)
* 1 January 1969 – 31 December 1970 in DAGO Number 43 (1972)
* 1 January 1971 – 30 June 1972 in DAGO Number 32 (1973)

* RVN Gallantry Cross with Palm Unit Citation for the period
1 January 1970 – 3 March 1971 in DAGO Number 6 (1974)
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
25 December 1970 – 14 July 1972 in DAGO Number 32 (1973)

* [Handwritten Note] "Also, 8th Tactical Fighter Wing, Ubon, June 1972 – March 1973 [is] supposed to also cover all supported units"

7.  A review of the applicant's military personnel records failed to show any evidence that he was assigned or attached to Detachment J (Ubon), 1st Radio Research Company (1st Army Security Agency Company), 3rd Radio Research Unit (82nd USASA Special Operations Unit), 8th Radio Research Unit 
(8th USASA Unit), 8th RRFS (8th USASAFS), or 8th Tactical Fighter Wing.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any award orders pertaining to the applicant.

9.  The applicant's military personnel records fail to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award).

   a.  There is no evidence of any disciplinary actions or adverse information.

   b.  Item 38 of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

11.  Department of the Army Pamphlet 672-3 lists the awards received by units during the Vietnam Conflict.  It shows, in pertinent part, during the applicant's assignment to:

* USASAFS Hakata, the unit was cited for award of the MUC for the period 1 January 1971 through 15 March 1972 in DAGO Number 37 (1972)
* 7th Radio Research Unit (7th USASAFS) was cited for award of the MUC for the period 3 October 1971 through 28 January 1973 in DAGO Number 54 (1974)

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

   a.  The MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after
1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.  A bronze oak leaf cluster is used to denote award of a second award of the MUC.

   b.  The RVN Gallantry Cross Unit Citation was awarded by the Vietnamese government for valorous combat achievement.  It was awarded in four degrees:

* with Palm – to a unit which is cited before the Armed Forces
* with Gold Star – to a unit which is cited before a corps
* with Silver Star – to a unit which is cited before a division
* with Bronze Star – to a unit which is cited before a regiment or brigade

   c.  The RVN Civil Actions Unit Citation was awarded by the Vietnamese government for meritorious service.  

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for award and permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.  An individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show three awards of the MUC, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation based on his service with USASAFS Hakata, Japan, from April 1971 to March 1972 and his service with the 7th RRFS in support of the 8th Tactical Fighter Wing, U.S. Air Force, Ubon, Thailand, from March 1972 to March 1973.

2.  Records show the applicant was assigned to:

* Company A, USASAFS Hakata, from 19 April 1971 through 4 March 1972
* Company B, 7th RRFS, from 9 March 1972 through 6 June 1972
* Company A, 7th RRFS with duty Detachment J (emphasis added), from
7 June 1972 through 8 March 1973

3.  The evidence of record shows that general orders awarded the MUC to:

* USASAFS Hakata for the period 1 January 1971 through 15 March 1972
* 7th Radio Research Unit (7th USASAFS) for the period 3 October 1971 through 28 January 1973

4.  There is no evidence of record that shows the applicant was assigned or attached (for a period of 30 days or more) to Detachment J, 1st Radio Research Company (1st Army Security Agency Company), 3rd Radio Research Unit 
(82nd USASA Special Operations Unit), 8th Radio Research Unit (8th USASA Unit), 8th RRFS (8th USASAFS), or 8th Tactical Fighter Wing.  Therefore, there is insufficient evidence to support a claim to any U.S. or foreign unit awards awarded to these units.

5.  The evidence of records shows the applicant qualified and was authorized the First Class (Sharpshooter) Marksmanship Qualification Badge with Grenade Bar.

6.  The applicant served a period of continuous, honorable active duty enlisted service from 29 June 1970 through 10 March 1973.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

	b.  He was promoted to SP4 (E-4) with less than eight (8) months of active duty and he received all "excellent" conduct and efficiency ratings during his service.

   c.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award).

7.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  __X______  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
29 June 1970 through 10 March 1973 (Standard Name Line:  SP4, Company A, 7th Radio Research Field Station, U.S. Army Security Agency);

	b.  adding the following awards to item 24 of his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation (1st Oak Leaf Cluster)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

2.  The Board further determined that 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 more than two awards of the Meritorious Unit Commendation, award of the Republic Vietnam Gallantry Cross with Palm Unit Citation, and award of the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140016051



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ABCMR Record of Proceedings (cont)                                         AR20140016051



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