IN THE CASE OF:	  

		BOARD DATE:	         27 August 2009

		DOCKET NUMBER:  AR20090002831 


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 award of the Army Good Conduct Medal, Valorous Unit Award, and the U.S. Army European Medal.

2.  The applicant states, in effect, that these awards are not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 29 June 1969 or his DD Form 215 (Correction to DD Form 214), dated 10 September 2007.  He states he served in U.S. Army, Europe. 

3.  The applicant provides in support of his application, copies of his DD Form 214, his DD Form 215, General Orders Number 4166 awarding him the Bronze Star Medal with "V" Device, and a history of decorations for the 11th Armored Cavalry Regiment. 

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 enlisted in the Regular Army (RA) on 12 July 1966 for a 3-year period of service.  He successfully completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).  The highest rank/grade he attained during his enlistment was sergeant (SGT)/E-5.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record), dated 14 February 1969, shows the applicant served two foreign service tours.  The first tour was with Troop L, 3rd Squadron, 11th Armored Cavalry Regiment in the Republic of Vietnam from 13 January 1967 to 12 January 1968.  His second overseas tour was in Germany from 29 November 1968 to 21 June 1969.

4.  The applicant was honorably released from active duty on 29 June 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He was issued a DD Form 214 that shows he served on active duty for 2 years, 11 months, and 18 days with foreign service credit of 1 year, 6 months, and 28 days. 

5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  His military personnel records do not show any time lost, or record of nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) or any records of conviction by court-martial.  There is also no record of a commander's disqualification for award of the Army Good Conduct Medal. 

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not show award of the Army Good Conduct Medal or the Valorous Unit Award.  

7.  On 10 September 2007, the applicant was issued a DD Form 215 correcting his DD Form 214 with a separation date of 29 June 1969.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 was corrected to add the Bronze Star Medal with "V" Device, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was 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.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons,
combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It 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.

10.  Army Regulation 672-5-1 and Army Regulation 600-8-22 do not show the "U.S. Army European Medal" as an authorized award or decoration.

11.  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 that the 3rd Squadron, 11th Armored Cavalry Regiment was awarded the Valorous Unit Award by publication of Department of the Army General Orders Number 1, dated 1969 for combat actions on 19 June 1967 and on 21 June 1967; and the Meritorious Unit Commendation by publication of Department of the Army General Orders Number 32, dated 1969 for the period 13 September 1966 – 31 May 1967.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal and the Valorous Unit Award.  He also requests that the U.S. Army European Medal be listed.

2.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his tenure of service and that he was fully qualified for reenlistment.  There is also no record of evidence showing a commander's disqualification.  Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 12 July 1966 to 29 June 1969 ending with termination of his first period of qualifying Federal military service.   

3.  At the time of the applicant’s assignment to the 3rd Squadron, 11th Armored Cavalry Regiment, the unit was awarded the Valorous Unit Award and the Meritorious Unit Commendation.  Therefore, the applicant's records should be corrected to show these unit awards.

4.  The applicable U.S. Army awards regulations do not show the U.S. Army European Medal as an authorized award.  Therefore, there is no basis for granting the applicant's requested relief on this issue.

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 Army Good Conduct Medal for his period of service from 12 July 1966 to 29 June 1969; and

	b.  adding to item 24 of the applicant's DD Form 214 the Army Good Conduct Medal, Valorous Unit Award, and Meritorious Unit Commendation.

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 showing award of the U.S. Army European Medal.



      _______ _ 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.

ABCMR Record of Proceedings (cont)                                         AR20090002831



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ABCMR Record of Proceedings (cont)                                         AR20090002831



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