IN THE CASE OF:  	  

		BOARD DATE:   24 September 2015

		DOCKET NUMBER:  AR20150002755


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, in effect, to correct his DD Form 214 (Report of Separation from Active Duty) to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Presidential Unit Citation (Navy). 

2.  The applicant states the awards were not listed on his DD Form 214 when he retired.  He served with Battery A, 2nd Battalion, 94th Field Artillery Regiment, which was attached to the 1st Marine Division, and with Headquarters and Headquarters Battery, 2nd Battalion, 94th Field Artillery Regiment, when it was attached to the 3rd Marine Division.

3.  The applicant provides a copy of his DD Form 214 with his application. 

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 requested correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 shows this award already, depicted as the "Republic of Vietnam Gallantry Cross Unit Citation."  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 8 March 1951.  He completed military training and was awarded military occupational specialty (MOS) 1740 (Radio Operator).  

4.  His DA Form 20 (Enlisted Qualification Record), audited 7 November 1973, shows he was assigned to Headquarters & Headquarters Battery, 2nd Battalion, 94th Field Artillery Regiment, during his service in the Republic of Vietnam from 24 September 1966 through 13 September 1967.  

5.   His record is void of documentation that shows he was assigned to Battery A, 2nd Battalion, 94th Field Artillery Regiment during his military service. 

6.  On 31 March 1975, he was honorably retired from active duty and transferred to the U.S. Army Reserve Control Group (Retired).  His DD Form 214 shows he was credited with the completion of 23 years, 9 months, and 25 days of total service.  The DD Form 214 shows he was awarded the:

* Meritorious Service Medal
* National Defense Service Medal (2nd Award)
* Army Good Conduct Medal (6th Award)
* Army of Occupation Medal (Germany)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross Unit Citation 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge with Driver W Bar
* 2 overseas service bars

7.  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 unit (Headquarters & Headquarters Battery, 2nd Battalion, 94th Field Artillery Regiment) to which the applicant was assigned was cited for the Presidential Unit Citation (Navy) for service during the period 
1 October 1966 through 15 September 1967, by Department of the Army General Orders (DAGO) Number 32, dated 1973.  
8.  His record indicates he is authorized additional awards that are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 shows during his service in Vietnam, campaign participation credit was awarded for the following two campaigns:  the Vietnam Counteroffensive, Phase II (1 July 1966-31 May 1967), and the Vietnam Counteroffensive, Phase III (1 June 1967-29 January 1968).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's requests for correction to his DD Form 214 to show two awards of the Presidential Unit Citation (Navy) was carefully considered.

2.  The evidence of record shows the applicant was assigned to Headquarters & Headquarters Battery, 2nd Battalion, 94th Field Artillery Regiment during his service in the Republic of Vietnam.  DAGO Number 32 awarded this unit the Presidential Unit Citation (Navy) during the time he served in the unit.  This unit award is not listed on his DD Form 214.   

3.  Notwithstanding the applicant's sincerity, there was no available evidence to confirm he served with Battery A, 2nd Battalion, 94th Field Artillery Regiment during his period of service in the Republic of Vietnam.  

4.  He participated in two campaigns during his service in the Republic of Vietnam.  The applicable Army regulation states a bronze service star is authorized for each campaign a member is credited with participating in for wear on the Vietnam Service Medal.  

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 from his DD Form 214 the Vietnam Service Medal; and 
   
   b.  adding to his DD Form 214 the:
   
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation (Navy) 

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 amending his DD Form 214 to add a second Presidential Unit Citation (Navy).  





      _______________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20150002755



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