BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160018799 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160018799 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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. BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160018799 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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Congressional Civil Action Citation and Civic Action Unit Citation (properly named the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and commonly referred to as the Vietnam Civil Actions Medal or Civil Actions Medal). 2. The applicant states: a. He earned the awards while serving with the 22nd Finance Section, 1st Logistical Command and Military Assistance Command while in Vietnam from 1965 to 1966. b. The awards were not issued at the time of his discharge and his DD Form 214 does not show them. 3. The applicant does not provide additional evidence. 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 into the Army of the United States on 27 July 1964. 3. He served in Vietnam during the period 13 May 1965 to 16 May 1966. While in Vietnam, he participated in two campaigns and he was assigned to 22nd Finance Section. 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the: * Army Good Conduct Medal (First Award) * Vietnam Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 5. On 16 May 1966, he was honorably released from active duty. His DD Form 214 shows his net service as 1 year, 9 months, and 20 days and he was awarded or authorized the: * Army Good Conduct Medal (First Award) * Vietnam Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 6. On 22 June 2011, the Army Review Boards Agency issued him a DD Form 215 (Correction to DD Form 214) which amended his DD Form 214 by adding award of the Republic of Vietnam Campaign Medal with Device (1960) and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 7. His records are void of any evidence the 22nd Finance Section was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is The unit citation of the Civil Actions Unit Citation is awarded by the Vietnamese government for meritorious service. The award of the Civil Actions Unit Citation, First Class, is accompanied with oak leaf clusters. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credits for the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to February 1986. It assists 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, the Grenada Operation, and the period of service up to February 1986. This pamphlet does not show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 22nd Finance Section. DISCUSSION: 1. The applicant contends the unit to which he was assigned while in Vietnam, the 22nd Finance Section, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 2. Department of the Army Pamphlet 672-3 does not show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 22nd Finance Section. Additionally, his records are void of any evidence the unit received this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018799 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018799 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2