IN THE CASE OF:
BOARD DATE: 1 September 2015
DOCKET NUMBER: AR20150001561
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, the widow of the deceased former service member (FSM), requests correction of the FSMs DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Meritorious Unit Commendation (MUC).
2. The applicant states she wants the FSMs record to reflect award of the MUC.
3. The applicant provides copies of:
* Recommendation for MUC from the Company Commander, 442nd Transportation Company, dated 21 February 1968
* General Orders Number 4149, United States Army Vietnam, dated 28 August 1968
* State of Iowa Certificate of Marriage issued 8 February 2005
* State of Iowa Certificate of Death issued 23 October 2014
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 5 April 1966, the FSM was inducted into the Army of the United States. He completed his initial training as a light vehicle driver.
3. On 23 July 1966, the FSM was assigned to the 442nd Transportation Company located at Fort George G. Meade, Maryland.
4. On 1 December 1966, the FSM went with his unit to the Republic of Vietnam (RVN).
5. On 14 March 1967, the FSM was reassigned to the 360th Transportation Company.
6. On 28 November 1967, he departed the RVN and returned to the United States for duty at White Sands Missile Range, New Mexico.
7. On 4 April 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He had attained the rank of specialist four/pay grade E-4 and had completed 2 years of creditable active duty service. The FSMs DD Form 214 indicates he received the following awards:
* National Defense Service Medal
* Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal with one bronze service star
* RVN Campaign Medal with Device (1960)
8. Appendix B of Army Regulation 600-8-22 shows that based on the FSMs dates of service in the RVN, he participated in the following two campaigns: the Vietnam Counteroffensive, Phase II and Phase III. The same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This publication shows that the 442nd Transportation Company, during the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 54, dated 1968, for award of the MUC.
10. DAGO 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973. Headquarters, U.S. Army Vietnam and its subordinate units were authorized this medal for the period 20 July 1965 to 28 March 1973.
11. General Orders Number 4149, dated 28 August 1968, as provided by the applicant, announced the award of the MUC to the 442nd Transportation Company for the same period as indicated in DAGO Number 54, dated in 1968.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the FSMs DD Form 214 should be corrected to show award of the MUC.
2. Records show the FSMs unit was cited in general orders for award of the MUC. Therefore, his DD Form 214 should be corrected to show this unit award.
3. Records show the FSM's unit was awarded the RVN Gallantry Cross with Palm Unit Citation. Therefore, this foreign unit award should be shown on his
DD Form 214.
4. Records show that the FSM participated in two campaign periods during his service in the RVN. Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
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 from his DD Form 214 the Vietnam Service Medal with one bronze service star; and
b. adding to his DD Form 214:
* Meritorious Unit Commendation
* Vietnam Service Medal with two bronze service stars
* 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) AR20140000079
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