ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20170008913 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show award of the: * Meritorious Unit Commendation with First Oak Leaf Cluster * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 27 March 2017 * DD Form 214 * Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), pages 2, 47, and 59 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that these awards were either missed at discharge or were unknown at that time. 3. The available records are a sufficient basis to administratively correct the applicant's record to show award of the Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). The Board will address the Meritorious Unit Commendation with First Oak Leaf Cluster. 4. The applicant was inducted into the Army of the United States on 2 April 1968. 5. His DA Form 20 (Enlisted Qualification Record) shows in: * item 29 (Qualification in Arms) – he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * item 31 (Foreign Service) – he served in Vietnam from 31 August 1968 to 7 November 1969 * item 38 (Record of Assignments) – he was assigned to the 87th Engineer Company, 199th Infantry Brigade during his assignment in Vietnam * item 41 (Awards and Decoration) – no entry for award of the Meritorious Unit Commendation 6. On 8 November 1969, he was honorably released from active duty. His DD Form 214 does not show award of the Meritorious Unit Commendation and shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Good Conduct Medal * Army Commendation Medal 7. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. This pamphlet shows the following: a. Headquarters and Headquarters Company, 199th Infantry Brigade, was cited for award of the Meritorious Unit Commendation for the period 31 January 1968 to 15 June 1969 by Department of the Army General Order (DAGO) Number 39, dated 1970. This general order did not list the 87th Engineer Company as an attached unit for award of the Meritorious Unit Commendation for the period of award to the Headquarters and Headquarters Company, 199th Infantry Brigade. b. The 87th Engineer Company was cited for award of the Meritorious Unit Commendation for the period 1 January to 31 December 1968 by DAGO Number 39, dated 1970. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board concurs with the corrections stated in the Administrative Note(s) below. The Board found that the applicant was assigned to the 87th Engineer Company during the period it was cited for award of the Meritorious Unit Commendation (MUC). The Board found no evidence that he was assigned to the HHB, 199th Infantry Brigade during the period it was cited for award of the Meritorious Unit Citation. Based on a preponderance of the evidence, the Board determined the applicant was entitled to one award of the MUC. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the corrections stated in the Administrative Note(s) that follow, the Board determined the evidence presented is 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 of service ending 8 November 1969 to add to item 24 (Decorations, Medals, Badges, Commendations) – “Meritorious Unit Commendation (1st Award)”. 2. The Board further determined 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 award of the Meritorious Unit Commendation (1OLC). 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he is authorized additional awards not listed on his DD Form 214. His DD Form 214 will be administratively corrected by: a. removing the "Vietnam Service Medal" and "Vietnam Campaign Medal" and b. adding the following awards: * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. ABCMR Record of Proceedings (cont) AR20170008913 0 3 1