IN THE CASE OF:
BOARD DATE: 16 July 2015
DOCKET NUMBER: AR20140021016
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 the Meritorious Unit Commendation (Army) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date 23 February 1968.
2. The applicant states the Meritorious Unit Commendation (Army) was awarded to his unit 5 months after he was released from active duty.
3. The applicant provides:
* DD Form 214
* U.S. Army Support Command, Saigon General Orders Number 130, dated 27 July 1967
* Headquarters, United States Army Vietnam General Orders Number 3659, dated 30 July 1968
* a photograph
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 26 February 1965, he enlisted in the Regular Army for 3 years.
3. He was assigned to the 14th Inventory Control Center (ICC) in the Republic of Vietnam (RVN) from 13 September 1966 to 18 August 1967. He participated in two campaigns.
4. U.S. Army Support Command, Saigon General Orders Number 130, dated
27 July 1967, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force while assigned to the 14th ICC from August 1966 to August 1967.
5. Headquarters, United States Army Vietnam General Orders Number 3659, dated 30 July 1968, announced the award of the Meritorious Unit Commendation (Army) to the 14th ICC for the period October 1966 to 31 March 1968.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.
a. The 14th ICC was awarded the Meritorious Unit Commendation (Army) for the period 1 October 1966 - 31 March 1968.
b. All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the RVN Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers). Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. He was assigned to the 14th ICC during the period for which the unit was awarded the Meritorious Unit Commendation (Army) and the RVN Gallantry Cross with Palm Unit Citation.
2. He participated in two campaigns during his service in the RVN.
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 with an effective date of 23 February 1968 by deleting the Vietnam Service Medal and adding the:
* Meritorious Unit Commendation (Army)
* Vietnam Service Medal with 2 bronze service stars
* 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) AR20140021016
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ABCMR Record of Proceedings (cont) AR20140021016
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