RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20080000942 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

Member
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award. 

2.  The applicant states that the awards were not listed on his record due to an administrative error.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 22 June 1970.

	b.  Welcome/Sponsorship letter, dated 27 May 1969, from the applicant’s former unit commander to the applicant’s parents.

	c.  Letter Orders Number D 10-292, dated 18 October 1973, Applicant’s removal from the Temporary Disability Retirement List (TDRL).

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 records show that he enlisted in the Regular Army for a period of 3 years on 23 April 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 68F (Aircraft Instrument Repairman).  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.  He was honorably separated and placed on the TDRL on 22 June 1970.

3.  The applicant’s records further show that he served in the Republic of Vietnam during the period 6 May 1969 to 30 January 1970, as follows:

	a.  from 6 May 1969 to 25 December 1969, he was assigned as an aircraft instruments repairman to the 175th Aviation Company (Assault Helicopter), 13th Aviation Battalion; and

	b.  from 26 December 1969 to 30 January 1970, he was assigned as a patient to the 106th General Hospital. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 24 does not list award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award. 

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the 175th Aviation Company, the unit to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the following periods:

	a.  from 1 March 1966 to 26 March 1967, based on Department of the Army General Orders Number 22, dated 1968; 

	b.  from 27 March 1967 to 17 May 1968, based on Department of the Army General Orders Number 46, dated 1969; amended by Department of the Army General Orders Number 21, dated 1969; and 

	c.  from 15 December 1969 to 10 October 1970, based on Department of the Army General Orders Number 52, dated 1971.

6.  Department of the Army Pamphlet 672-3 shows that the 106th General Hospital was awarded the Valorous Unit Award from December 1965 to December 1968, during its service in the Republic of Vietnam.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

8.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

9.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET 69 Counteroffensive, the Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970 campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

12.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.






DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award. 

2.  The evidence of record shows that the applicant served with the 175th Aviation Company from 6 May 1969 to 30 January 1970.  Although this unit was awarded three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the applicant’s period of service with this unit qualifies him for only one award; therefore, he is entitled to correction of his records to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his Vietnam Service Medal.

4.  The evidence of record confirms that the applicant served honorably during the period 23 April 1968 to 22 June 1970.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  With respect to award of the Valorous Unit Award, unit awards are made to organizations when the heroism displayed or meritorious service performed is a result of group effort.  The Valorous Unit Award is awarded to a unit that must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  It is awarded to personnel assigned or attached to and present for duty with a unit during the period in which it participated in the act, duty, or accomplishment.

6.  The evidence of record shows that the applicant was transferred from his unit of assignment, the 175th Aviation Company to the 106th General Hospital as a patient, for hospitalization.  Not only he was never assigned or attached to the 106th General Hospital, there is no evidence that he "performed duties" or contributed to the group effort that led to award of the Valorous Unit Award to the 106th General Hospital. Therefore, the applicant does not meet the eligibility criteria for this award and tow additional awards of the Vietnam Gallantry Cross with Palm Unit Citation.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 April 1968 to 22 June 1970; and 

	b.  showing award of the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already issued Vietnam Service Medal.

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 award of the Valorous Unit Award and two additional awards of the Vietnam Gallantry Cross with Palm Unit Citation.




      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080000942



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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