IN THE CASE OF: BOARD DATE: 16 June 2009 DOCKET NUMBER: AR20090001832 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal - First Class (RVNCAHM-FC) Unit Citation. 2. The applicant states, in effect, that he only recently discovered that his unit was subsequently awarded awards that should be added to his DD Form 214. He goes on to state that he served with Company B, 1st Engineer Battalion from August 1966 to September 1967. 3. The applicant provides three pages of photographs from Vietnam, a copy of an envelope of mail he sent from Vietnam to his parents, and copies of three General Orders. 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 was inducted in Newark, New Jersey on 23 May 1966 and was transferred to Fort Dix, New Jersey to undergo his basic training. He completed his basic training and was transferred to Fort Leonard Wood, Missouri for advanced individual training (AIT) as a pioneer. 3. He successfully completed his training and was transferred to Vietnam on 25 August 1966 for assignment to Company B, 1st Engineer Battalion, 1st Infantry Division. He was advanced to the pay grade of E-4 on 19 February 1967. 4. He departed Vietnam on 15 August 1967 after being credited with participation in two campaigns and was transferred to Fort Bliss, Texas, where he remained until he was honorably released from active duty (REFRAD) on 22 March 1968, due to the expiration of his term of service (ETS). He had served 2 years of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar. 5. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the MUC and the Valorous Unit Award (VUA) during the period he was assigned to the unit. 6. Army Regulation 600-8-22 (Military Awards) authorized wear of one bronze service star on the Vietnam Service Medal for each campaign participation credit. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions and supporting documents have been noted and found to have merit. 2. The applicant's unit was awarded, subsequent to his departure from Vietnam, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the MUC and the VUA during the period he was assigned to the unit. He is entitled to have these unit awards added to his DD Form 214. 3. The applicant is also authorized to wear two bronze service stars on his Vietnam Service Medal in lieu of the one bronze service star now shown on his DD Form 214. BOARD VOTE: ____X____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation, and the Valorous Unit Award to his DD Form 214 and to amend his DD Form 214 to show he is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal in lieu of the one bronze service star now shown. 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20090001832 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090001832 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1