BOARD DATE:	  11 August 2009

		DOCKET NUMBER:  AR20090003965 


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 PUC [Presidential Unit Citation], VUC (taken to mean the Valorous Unit Award), MUC [Meritorious Unit Commendation], Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Army Good Conduct Medal (AGCM).

2.  The applicant states he served with C Detachment, 27th Maintenance, 1st Air Cavalry when the unit citations were awarded.  He states he deserves these citations because he served with the unit when they were awarded.

3.  The applicant provides a copy of General Orders for the Air Medal and an internet printout for awards received by the 27th Support Battalion in support of this application.

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 military records show he enlisted in the Regular Army (RA) on 29 April 1961.  He was awarded military occupational specialty (MOS) 634.10 (fuel and electrical system repairman).  He was honorably released from active duty on 28 April 1964 after completing 3 years of creditable active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  

3.  He enlisted in the RA on 13 January 1967 and he was again honorably discharged on 12 January 1970 after completing an additional 3 years of creditable active service.  He was promoted to pay grade E-5.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for the period ending 28 April 1964 contains the entry "None."  Item 24 of the DD Form 214 he was issued for the period ending 12 January 1970 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with silver service star, Republic of Vietnam Campaign Medal, Army Commendation Medal, Air Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.
  
5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Detachment C, 27th Maintenance Battalion, 1st Cavalry Division (Air Mobile) in the Republic of Vietnam performing duties as a fuel electrical repairman during the period 21 January 1967 to 12 July 1968. 

6.  There is no evidence the applicant received the Army Good Conduct Medal during either of his two 3-year periods of active service.  The DA Form 24 (Service Record) covering his initial 3-year period of service shows he did not receive all "excellent" conduct and efficiency ratings throughout this period of service and that he accepted nonjudicial punishment on two occasions (15 October and 17 December 1963) for failing to go at the time prescribed to his appointed place of duty.  The applicant's DA Form 20, which covers his second 3-year period of service, shows he did not receive all "excellent" conduct and efficiency ratings throughout that period of service.  

7.  Army Regulation 672-5-1, in effect at the time, provides that the Army 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the RVN was awarded the Valorous Unit Award based on Department of the Army General Orders (DAGO) Number 39, dated 1970; two awards of the Meritorious Unit Commendation based on DAGO 28, dated 1969 and DAGO 2, 1971; and the RVN Gallantry Cross with Palm Unit Citation based on DAGO 59, dated 1969.

9.  Department of the Army Pamphlet 672-3 shows Detachment C, 27th Maintenance Battalion, 1st Cavalry Division (Air Mobile) in the Republic of Vietnam was awarded the Presidential Unit Citation for the period 23 October to 26 November 1965.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed two qualifying periods of Federal military service for consideration of the Army Good Conduct Medal.  However, his records show that he did not receive all "excellent" conduct and efficiency ratings throughout these periods of service.  As such, the applicant did not meet the minimum criteria for this award during either of his periods of service.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

2.  General orders awarded the applicant's unit during his tenure of assignment the Valorous Unit Award, Meritorious Unit Commendation (two awards), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these unit awards.

3.  While the applicant contends the unit to which he was assigned while serving in Vietnam was awarded the Presidential Unit Citation evidence shows his unit was awarded this unit award prior to the applicant's assignment.  Therefore, he is not entitled to this unit award and to have it added to his DD Form 214.




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 adding to item 24 of his DD Form 214 for the period ending on 12 January 1970 the Valorous Unit Award, Meritorious Unit Commendation (two awards), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 Army Good Conduct Medal and adding the Presidential Unit Citation to the applicant's DD Form 214.



      __________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)                                         AR20090003965



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ABCMR Record of Proceedings (cont)                                         AR20090003965



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