ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 August 2019

	DOCKET NUMBER:  AR20180012557


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal - First Class Unit Citation 
* Meritorious Unit Commendation

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* DA Form 1577 (Authorization for Issuance of Awards)

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 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 since a DD Form 214 reveals what an veteran was awarded during his service, the mentioned awards, citations, etc., should be cited.  The fact that they are not noted on my DD-214, is an error, and should be corrected. 

3.  Review of the applicant's service records shows: 

	a.  He enlisted in the Regular Army on 7 September 1967. 

	b.  Special Orders Number 50, issued by Headquarters, 1st Missile Battalion, 65th Artillery, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar     (M-14) 


	c.  He served in Vietnam from 16 November 1968 to 14 December 1969, through 4 campaigns.  He was assigned to the 2nd Battalion, 319th Field Artillery. 

	d.  His DA Form 20 shows in item 41 (Awards and Decorations) the entry "MUC Armed Forces Level, Authority of memo 25, Headquarters, 101st Airborne Division." 

	e.  He was honorably released from active duty on 6 October 1970.  His DD Form 214 shows he completed 3 years of active service with 30 days of lost time due to confinement.  He was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

4.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 319th Artillery was awarded:

* Meritorious Unit Commendation for service from 14 March 1968 to 3 October 1968 by Department of the Army General Orders Number 22, dated 1976 (the applicant was not assigned to this unit during this period)
* Republic of Vietnam Civil Actions Honor Medal, First Class Citation for service from 3 October 1968 to 2 May 1970, by Department of the Army General Orders Number 48, dated 1971 

5.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:

* Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that partial relief was warranted.  Based upon the documentary evidence provided by he applicant and found within the military service record, the Board concluded that there was sufficient evidence to show that the applicant qualified and should have had the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Civil Actions Honor Medal, First Class Citation on his DD Form 214.

However, the Board did not see where the applicant qualified for the Meritorious Unit Commendation; therefore, the Board recommended denying that portion of the applicant’s request.

Additionally, the Board noted the administrative notes below by the analyst of record and recommended those additional changes also be completed to more accurately depict the military service of the applicant.

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.  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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Civil Actions Honor Medal, First Class Citation.
2.  The Board also noted the administrative notes below by the analyst of record and recommended those changes also be completed to more accurately depict the applicant’s military service,
3.  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 awarding and adding the Meritorious Unit Commendation.
	 
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 service records shows he is entitled to awards not listed on his DD Form 214.  As a result, amend his DD Form 214 as follows:

* delete Vietnam Service Medal 
* add Vietnam Service Medal with 4 bronze service stars
* add Expert 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 Army Board for Correction of Military Records (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 Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:  

* Vietnam Counteroffensive Phase VI   2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970 

3.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 319th Artillery was awarded:

* Meritorious Unit Commendation for service from 14 march 1968 to 3 October 1968 by Department of the Army General Orders Number 22, dated 1976
* Republic of Vietnam Civil Actions Honor Medal, First Class Citation for service from 3 October 1968 to 2 May 1970, by Department of the Army General Orders Number 48, dated 1971 

4.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:

* Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973


ABCMR Record of Proceedings (cont)	 AR20180012557


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