IN THE CASE OF:	

		BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150002213 


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:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation

2.  The applicant states:

* an oversight occurred
* he served in Vietnam from 20 August 1965 to 20 July 1966 with the 212th Military Police Company (Sentry Dog)
* he believes he should be authorized the requested awards

3.  The applicant provides:

* DD Form 214
* extracts from the 720th Military Police Battalion Reunion Association History Project for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation
* extracts of his 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 14 February 1964.

3.  He served in Vietnam during the period 20 August 1965 through 17 June 1966 and he participated in two campaigns.   While in Vietnam, he was assigned to the 72d Military Police Detachment from 20 August 1965 to 16 January 1966.  The unit was redesignated as the 212th Military Police Company and he continued to serve with this unit during the period 17 January 1966 through 17 June 1966.

4.  On 13 February 1967, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal
* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  He provided extracts of criteria for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation Medal from the 720th Military Police Battalion Reunion Association History Project.

6.  Department of the Army General Orders Number 8, dated 1974, announced award of 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.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

	b.  The Meritorious Unit Commendation 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.

8.  Department of the Army Pamphlet 670-1 (Guide to the Wear and Appearance of Army Uniforms and Insignia), table 22-1, states:

	a.  A Soldier may wear a unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.

	b.  A Soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.  Those Soldiers may wear the unit award only while assigned to the cited unit.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 212th Military Police Company was awarded the Meritorious Unit Commendation for the period 15 February 1968 through 1 February 1969 by Department of the Army General Orders Number 36, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Vietnam Service Medal and he participated in three campaigns.  His DD Form 214 should be corrected to show award of the Vietnam Service Medal with two bronze service stars.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be corrected to show this unit award.

3.  Although the 212th Military Police Company was awarded the Meritorious Unit Commendation for the period 15 February 1968 through 1 February 1969, the applicant was not assigned to the unit during the period for which is was awarded.


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:

	a.  deleting award the Vietnam Service Medal from his DD Form 214, and

	b.  adding the following awards to his DD Form 214:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 award of the Meritorious Unit Commendation.



      __________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)                                         AR20150002213



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ABCMR Record of Proceedings (cont)                                         AR20150002213



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