IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140019385
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) for the period ending 11 August 1969 to show the Valorous Unit Award (i.e., Meritorious Unit Commendation).
2. The applicant states he is providing General Orders (GO) Number 50, issued by Headquarters (HQ), Department of the Army (DA) on 9 November 1971, wherein it shows his unit was awarded the Meritorious Unit Commendation. He believes it was merely an oversight at the time of his discharge.
3. The applicant provides his DD Form 214 and DAGO Number 50.
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 U.S. Army Reserve (USAR) on 23 February 1964. He entered initial active duty for training (ADT) on 20 April 1964. He was honorably released from ADT on 25 September 1964 to the control of the USAR. He was subsequently assigned to the 452nd Supply Company, 34th Supply and Service (S&S) Battalion, Winthrop, MN.
3. He was ordered to active duty as a member of his Reserve unit and he entered active duty on 6 May 1968. He served in Vietnam from 24 September 1968 to 1 August 1969 while assigned as follow from:
* 24 September 1968 to 9 March 1969, 452nd Supply Company
* 10 March to 16 July 1969, 560th Supply Company, 34th S&S Battalion
* 16 July to 1 August 1969, 452nd Supply Company
4. He was honorably released from active duty on 11 August 1969 to the control of the USAR. The DD Form 214 he was issued for this period of service shows he was awarded/authorized the:
* National Defense Service Medal
* Vietnam Campaign Medal with (1960) Device
* Vietnam Service Medal
* one overseas service bar
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
5. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his records shows that during his service in Vietnam he participated in four campaigns.
6. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 452nd Supply Company was cited for award of the Meritorious Unit Commendation, for the period 16 September 1968 through 31 March 1969 by DAGO Number 50, dated 1971.
7. DA Pamphlet 672-3, paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to HQ, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant's unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. Therefore, his DD Form 214 should be corrected to show these unit awards.
2. His record confirms he participated in four campaigns during his service in Vietnam. Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and it would be appropriate to correct his DD Form 214 accordingly.
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 by:
* deleting the Vietnam Service Medal
* adding the:
* Vietnam Service Medal with four bronze service stars
* 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) AR20140019385
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140019385
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110013007
This pamphlet shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on DAGO Number 8, dated 1974. However, his records do not show him being assigned to this unit during his period of service in the Republic of Vietnam. In view of the above, there is no evidence the unit to which he was assigned in the Republic of Vietnam was awarded the Meritorious Unit Commendation (Army).
ARMY | BCMR | CY2010 | 20100014992
Application for correction of military records (with supporting documents provided, if any). His military service records do not contain any general orders awarding him the AM or the ARCOM (1OLC). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the ARCOM and the Vietnam Service Medal; and b. adding to item 24 of his DD Form 214 the AM, ARCOM (1OLC), Vietnam Service Medal with...
ARMY | BCMR | CY2013 | 20130021289
His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 20 October 1969 to 26 December 1970. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. 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...
ARMY | BCMR | CY2010 | 20100017305
Records show the applicant participated in four campaigns during his assignment in Vietnam. However, evidence of record shows he participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for the period 28 February 1966...
ARMY | BCMR | CY2012 | 20120012609
Application for correction of military records (with supporting documents provided, if any). Thus, there is insufficient evidence to correct of his records to show this badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. issuing an appropriate document showing he had honorable active duty service from 16 October 1963 through 1 April 1965; b. deleting from item 24 of his 15 November 1971 DD Form 214 the "Vietnam...
ARMY | BCMR | CY2013 | 20130013747
Application for correction of military records (with supporting documents provided, if any). His original DD Form 214 for the period ending 30 January 2005 shows the Meritorious Unit Commendation (3rd Award) and Valorous Unit Award as authorized awards. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 for the period ending 30 January 2005 to show the following awards: * Silver Star * Joint Meritorious Unit Award * Expert...
ARMY | BCMR | CY2013 | 20130004441
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry "Vietnam Service Medal with Bronze Service...
ARMY | BCMR | CY2014 | 20140004614
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Air Medal (Fiftieth Oak Leaf Cluster). Records show the applicant participated in ten campaigns during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Air Medal and the Vietnam Service Medal from his DD Form 214 for the period ending 3...
ARMY | BCMR | CY2011 | 20110018543
His DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments), he was assigned to the 8th Signal Detachment on 7 July 1969 (redesignated as the 317th Maintenance Company on 1 December 1969) to 21 June 1970 * item 38, he received all "excellent" conduct and efficiency ratings through his service * item 41 (Awards and Decorations) the: * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device...
ARMY | BCMR | CY2009 | 20090004867
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. Records show the applicant was awarded the Vietnam Service Medal. 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 for the period of service from 29 March 1968 to 6 November...