IN THE CASE OF:	  

		BOARD DATE:	        21 January 2009

		DOCKET NUMBER:  AR20080010515 


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 Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Good Conduct Medal, and four bronze service stars instead of two he already has to be worn on his Vietnam Service Medal. 

2.  The applicant states, in effect, that the awards are not listed on his record due to what appears to be an administrative error.

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

	a.  DD Form 214, dated 13 January 1969.

	b.  DA Form 20 (Enlisted Qualification Record).

	c.  Letter Orders Number 01-1033250, issued by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri (MO), on 26 January 1972.

	d.  Headquarters, Department of the Army General Orders 60, dated 17 October 1969.

	e.  Headquarters, U.S. Army Vietnam, General Orders Number 5069, dated 1 November 1968.

	f.  Headquarters, Department of the Army General Orders Number 58, dated 12 August 1970. 

	g.  Headquarters, Department of the Army General Orders Number 53, dated 22 October 1970.

	h.  Extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988.

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 28 February 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71H (Personnel Specialist).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 13 January 1969.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.  

3.  The applicant’s records further show that he served in the Republic of Vietnam from 1 August 1967 to 24 July 1968.  He was assigned as follows:

	a.  From 16 August 1967 to 29 October 1967, he was assigned as a scout observer to Troop E, 2nd Squadron, 11th Armored Cavalry Regiment (ACR); 

	b.  From 30 October 1967 to 28 February 1968, he was assigned as a pay assistant to Headquarters and Headquarters Troop, 1st Squadron, 11th ACR; and
	c.  From 29 February 1968 to 24 July 1968, he was assigned as a company clerk to the 1st Administration Company, 1st Infantry Division. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, issued on 13 January 1969, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Combat Infantryman Badge. 

5.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows the following:

	a.  Headquarters and Headquarters Troop, 1st Squadron, 11th ACR, and its assigned units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 7 September 1966 to 10 August 1968, based on Department of the Army General Orders Number 60, dated 17 October 1969;

	b.  The 1st Administration Company was awarded the Meritorious Unit Commendation, from 1 December 1967 to 30 November 1968, based on Department of the Army General Orders Number 36, dated 8 July 1970.

6.  The 1st Infantry Division and its assigned and attached units, among which was the 1st Administration Company, was awarded the Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation, from 1 October 1965 to 7 April 1970, based on Department of the Army General Orders Number 53, dated       22 October 1970; and  

7.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968), the TET Counteroffensive (30 January 1968 to 1 April 1968), the Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968), and the Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968) 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.

8.  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.  Furthermore, Item 38 (Record of Assignment) of the applicant’s DA Form 20 shows he received excellent conduct and efficiency ratings throughout his military service.  
9.  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.

10.  The applicant submitted a copy of General Orders Number 5069, issued by Headquarters, U.S. Army Vietnam on 1 November 1969 which show specific units of the 11th ACR were cited for award of the Valorous Unit Award.  However, neither of the applicant’s units (1st Squadron and/or 2nd Squadron, 11th ACR) is specifically cited for this award.  Furthermore, Headquarters, Department of the Army General Orders Number 28, dated 23 April 1969 (which amended Department of the Army General Orders Number 12, dated 1969) cited specifically and named units of the 11th ACR for award of the Valorous Unit Award.  The applicant’s units are not cited.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant’s units of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation which are not shown on his DD Form 214; therefore, he is entitled to correction of his records to show these unit awards. 

2.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in four campaigns while serving in the Republic of Vietnam.  However, he was credited with only two bronze service stars.  Therefore, he is entitled to correction of his DD Form 214 to show award of four bronze service stars to be affixed to his Vietnam Service Medal.

3.  The evidence of record confirms that the applicant served honorably during the period 28 February 1966 through 13 January 1969.  He completed a combat tour in Vietnam, and received excellent conduct and efficiency ratings throughout his military service.  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.

4.  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.

5.  The evidence of record shows that the applicant served with three different units in Vietnam.  However, none of the applicant’s units was cited for award of the Valorous Unit Award at the time he served with each of those units.  Furthermore, there is no evidence that he served with any other unit in Vietnam that was cited for award of the Valorous Unit Award.  Therefore, there is insufficient evidence to grant the applicant relief with respect to this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  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 28 February 1966 through 13 January 1969; 

	b.  deleting the entry Vietnam Service Medal with two bronze service stars from the applicant’s DD Form 214; and 

	c.  adding award of the Good Conduct Medal (1st Award), the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with four bronze service stars to his DD Form 214.

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.



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      _______ _   _______   ___
               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.

ABCMR Record of Proceedings (cont)                                         AR20080010515



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ABCMR Record of Proceedings (cont)                                         AR20080010515



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