PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 November 2001
	DOCKET NUMBER:   AR2001060162

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the Navy Unit Commendation Medal and Meritorious Unit Commendation (MUC) be added to his records. 

3.  The applicant states, in effect, that he earned these awards while serving in the Republic of Vietnam (RVN) and they should be included in his separation document (DD Form 214).  In support of his application, he provides a letter of commendation from his unit commander in the RVN and an electronic mail 
(e-mail) communication from this former unit commander, dated 9 June 2001, supporting his request for awards. 

4.  The applicant’s military records show that on 22 October 1965, he entered the Army for 3 years.  He was trained in and awarded military occupational specialty (MOS) 95B (Military Policeman) and assigned to the RVN for his first permanent duty station. 

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he arrived in the RVN on 23 March 1966.  He was assigned to Company B, 
716th Military Police Battalion, RVN, to perform duties in MOS 95B as a Military Policeman (MP).  He completed his tour in the RVN on 23 March 1967, and was reassigned to Fort Hood, Texas, where he served until his release from active duty (REFRAD). 

6.  The DA Form 20 also shows in block 41 (Awards & Decorations) that the applicant earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM); Vietnam Service Medal (VSM) with 2 bronze service stars; Republic of Vietnam Campaign Medal (RVNCM); and Army Good Conduct Medal (AGCM).  

7.  On 21 October 1968, the applicant was honorably separated from active duty at the expiration of his term of service (ETS).  At the time of his separation, he held the rank and pay grade of sergeant/E-5 and had completed a total of 
3 years of active military service.  Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document lists the following awards earned by the applicant during his active duty tenure:  NDSM; RVNCM; VSM with 2 bronze service stars; AGCM; Marksman Marksmanship Badge (Pistol); Sharpshooter Marksmanship Badge (Rifle); and Marksman Marksmanship Badge (M-60 Machine Gun).  

8.  The applicant provides a letter of commendation from his former unit commander in the RVN, dated 1 June 1966, which commends him for his service with the unit.  The former also provides an e-mail, dated 9 June 2001, which attests to the fact that the unit was awarded a Navy Unit Commendation from the Secretary of the Navy on 11 August 1966 and the MUC on 20 May 1967.  

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It indicates that Department of the Army General Order (DAGO) 8, published in 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units for the period 20 July 1965 to 28 March 1973.  

10.  Table 10 (Army Units in Numerical Order) of Army Pamphlet 672-3 confirms that, during the applicant’s assignment tenure with the 716th Military Police Battalion, it was awarded the MUC for the period March through December 1966, as authorized in DAGO 17, published in 1968.  In addition, his unit earned the Republic of Vietnam Civil Actions Honor Medal Unit Citation for the periods indicated on the following two separation occasions:  17 April 1965 to 18 April 1968, authorized in DAGO 31, published in 1969; and 29 September 1966 to 
28 March 1973, authorized in DAGO 6, published in 1973.  

11.  Table 10 also confirms that the 716th Military Police Battalion was awarded a Navy Unit Commendation.  However, it was for the period 19 March 1965 to 
15 March 1966, which was prior to the applicant’s arrival in the RVN and assignment to the unit on 23 March 1966.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the Navy Commendation Medal and MUC should be added to his records and it finds some merit in this claim.  In addition, during the review of this case, the Board determined that the applicant is entitled to additional unit awards that were authorized subsequent to his separation. 

2.  The evidence of record clearly establishes the applicant’s entitlement to the MUC based on his assignment tenure and service with the 716th Military Police Battalion in the RVN.  Therefore, the Board concludes it would be appropriate to add this award to his record at this time. 

3.  However, the record also confirms that applicant’s unit was awarded the Navy Unit Commendation for a period of service prior to his arrival in the RVN and assignment to the unit.  Therefore, the Board finds there is insufficient evidence to support adding this award to his record at this time. 

4.  During its review of this case, the Board confirmed that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two Republic of Vietnam Civil Actions Honor Medal Unit Citations during his assignment tenure.  Therefore, the Board finds it would be appropriate to add these awards to his record at this time. 
5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned earned the Meritorious Unit Commendation; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal Unit Citation with 1st Oak Leaf Cluster; and by providing him a corrected separation document that includes these awards.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__AAO__   _ _LE __  __JTM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __Arthur A. Omartian__
		        CHAIRPERSON

INDEX

CASE ID	AR2001060162	
SUFFIX		
RECON		
DATE BOARDED	2001/11/27	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1968/10/21	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.		
3.		
4.		
5.		
6.