IN THE CASE OF: BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150013834 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150013834 BOARD DETERMINATION/RECOMMENDATION: USE THE FOLLOWING PARAGRAPH TO GRANT RELIEF. The Board determined the evidence presented is 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 amended by correcting his DD Form 214, dated 31 January 1974, as follows: a. delete the entries for the Vietnam Service Medal and 3 campaign credits; b. add to his authorized awards the: (1) Vietnam Service Medal with 3 bronze service stars; (2) Meritorious Unit Citation; and (3) Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award). __________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. IN THE CASE OF: BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150013834 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 (Report of Separation from Active Duty) to show award of the Meritorious Unit Citation. 2. The applicant states when he was assigned to the Americal Combat Center his unit was authorized a Meritorious Unit Citation and he was not aware of this until recently. 3. The applicant provides: * Americal Division Special Orders Number 276, dated 3 October 1970 * Letter, from I CORPS, and First Military Region, awarding him the Republic of Vietnam Training Service Medal (2nd Class) * Letter of Appreciation, dated 19 October 1970 * DA Form 20 (Enlisted Qualification Record), 2 pages * DD Form 214 * Internet printout of Citations awarded to the Americal Division and Brigade Units during the Vietnam War * Internet printout of Unit awards (23rd Infantry Division Americal) 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's service records are not available for Board review. Information herein was obtained from the applicant. 3. Americal Division Special Orders Number 276, dated 3 October 1970, show the applicant was assigned to the 23rd Administrative Company and reassigned to the U.S. Army Republic of Vietnam Returnee Detachment effective 9 November 1970. 4. On 19 October 1970, the applicant received a Letter of Appreciation for his performance as an instructor with the Americal Combat Center. Attached to the Letter is an endorsement from the Commandant of the Americal Combat Center. 5. The applicant received the Republic of Vietnam Training Service Medal, 2nd Class, for his service as an instructor at the Americal Combat Center (Chu Lai). 6. The applicant’s DA Form 20 (pages 3 and 4) show he served in Vietnam from: * 8 November through 1 December 1969 and he was assigned to the 23rd Administrative Replacement Detachment in a student status * 2 December 1969 through 20 June 1970 and he was assigned to F Troup, 17th Cavalry Regiment as the “PSG” * 21 June through 8 November 1970 and he was assigned to the 23rd Administration Company, 23rd Infantry Division, Americal Combat Center as an Instructor 7. The applicant's DD Form 214, dated 31 January 1974, shows: * promotion to sergeant first class/E-7 on 10 September 1968 * 20 years of total active service * service in Indochina or Korea from 14 November 1969 through 9 November 1970 8. The applicant’s DD Form 214 also shows: a. Award of: * Army of Occupation Medal (Germany) * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Bronze Star Medal with 2 Oak Leaf Clusters * Republic of Vietnam Campaign Medal * Good Conduct Medal (5th award) * Armed Forces Expeditionary Medal * Republic of Vietnam Training Service Medal b. Credit for three campaign periods. 9. The applicant provided a copy of an internet printout titled "Citations Awarded to Americal Divisions and Brigade Units during the Vietnam War" and a second printout titled "Unit Citations awarded to the 23rd Infantry Division (Americal) and Assigned Units". This document shows the Americal Combat Center received the Meritorious Unit Citation on three occasions, this included the period 1 September 1969 through 31 January 1971, when the applicant was assigned to the unit. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam he participated during the following three campaign periods: the Vietnam Winter–Spring 1970; 1 November 1969 - 30 April 1970; DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971. 2. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that while the applicant was assigned to: a. F Troup, 17th Cavalry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, in Department of the Army General Order (DAGO) Number 51, dated 1971; b. 23rd Administrative Company, the unit was cited for award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation in DAGO 42, dated 1972; and 3. DA PAM 672-3 also states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received. DISCUSSION: 1. The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal. 2. During the period the applicant was assigned to the 23rd Administrative Company, Americal Combat Center, the unit was authorized award of the Meritorious Unit Commendation. This citation is not included on the applicant's DD Form 214. 3. The applicant served with two units in Vietnam that were authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by different DAGO's. Neither citation is noted on his DD Form 214. 4. While the applicant is not authorized to wear multiple Republic of Vietnam Gallantry Cross with Palm Unit Citations, the regulation states both of his awards should be reflected in his records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013834 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013834 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2