IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004834 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 23 August 1968 to show the following awards: * Presidential Unit Citation (Navy) (1966 to 1967) * Meritorious Unit Commendation (1967 to 1968) * Republic of Vietnam Civil Actions Honor Unit Citation, First Class (1966 to 1968) * Valorous Unit Award (1966 to 1968) 2. The applicant states he was assigned to the 1st Battalion, 40th Field Artillery Regiment and the 2nd Howitzer Battalion, 4th Field Artillery Regiment while serving in Vietnam from 1966 to 1968. 3. The applicant provides his DD Form 214 for the period ending 23 August 1968. 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 1 December 1965. He was trained as a wireman. 3. His available service record contains a DA Form 20 (Enlisted Qualification Record). a. Item 31 (Foreign Service) shows he served in Vietnam from on or about 24 September 1966 to on or about 22 August 1968. He participated in five campaigns. b. Item 38 (Record of Assignments) shows, while in Vietnam, he was assigned to Battery C, 1st Howitzer Battalion, 40th Field Artillery Regiment from on or about 1 October 1966 to on or about 4 July 1967. He was reassigned to Headquarters and Headquarters Battery, 2nd Howitzer Battalion, 4th Field Artillery Regiment from on or about 14 July 1967 to on or about 20 August 1968. 4. He was honorably released from active duty on 23 August 1968. His DD Form 214 shows he completed 2 years, 8 months, and 23 days of net active creditable service with 1 year and 11 months of foreign service. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars 5. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. It states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star is worn in lieu of five bronze service stars. 6. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. The 1st Howitzer Battalion, 40th Field Artillery Regiment was awarded the Meritorious Unit Commendation for the period 16 September 1967 to 5 June 1968 (emphasis added) by Department of the Army Order (DAGO) Number 73, 1968. It was awarded a Presidential Unit Citation (Navy) for the period 27 October 1966 to 15 September 1967 by DAGO Number 32, 1973. b. The 2nd Howitzer Battalion, 4th Field Artillery Regiment was awarded the Valorous Unit Award for the period 6 May 1968 to 12 May 1968 by DAGO Number 43, 1970. Additionally, it was awarded the Republic of Vietnam Civil Actions Unit Citation, First Class for the period 19 December 1966 to 28 June 1969 by DAGO Number 59, 1969. c. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974. DISCUSSION AND CONCLUSIONS: 1. He was awarded a Vietnam Service Medal; however, none of the five campaigns in which he participated are reflected on his DD Form 214. 2. He requested a Meritorious Unit Commendation be added to his DD Form 214. While he does not identify the unit, the DA PAM shows only one unit to which he was assigned received this award: 1st Howitzer Battalion, 40th Field Artillery Regiment. The period for this award is listed as 16 September 1967 to 5 June 1968. The applicant’s chronological history of unit assignments shows he departed this unit in July 1967. Therefore, he does not appear eligible to receive this award because he was not assigned to the unit during a qualifying period of service. 3. Besides the aforementioned Meritorious Unit Commendation, the two units to which he was assigned received four additional unit awards during his period of assignment. None of the below listed awards are reflected on his DD Form 214: * Presidential Unit Citation (Navy) * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Unit Citation, First Class * Republic of Vietnam Gallantry Cross with Palm Unit Citation BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 23 August 1968 as follows: a. deleting the Vietnam Service Medal; and b. adding the following awards: * Vietnam Service Medal with one silver service star * Presidential Unit Citation (Navy) * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Unit Citation, First Class * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 for the period ending 23 August 1968 to show the Meritorious Unit Commendation awarded to the 1st Howitzer Battalion, 40th Field Artillery Regiment for the period 16 September 1967 to 5 June 1968. __________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) AR20150004834 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004834 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1