IN THE CASE OF:	

		BOARD DATE:	26 August 2009   

		DOCKET NUMBER:  AR20090005250 


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.  

2.  The applicant states he was assigned to Company B, 1st Battalion, 26th Infantry Division from 1 March 1967 to 14 February 1968.  He alleges he is entitled to this award based on his service in Vietnam.

3.  The applicant provides the following documents in support of his application: 

* DD Form 214 for the period ending 30 August 1968; 
* General Orders Number 3992, dated 27 October 1969, awarding his unit 
the Valorous Unit Award; 
* Personal photographs of him in Vietnam; 
* General Orders Number 554, dated 21 January 1968, awarding him the 
Bronze Star Medal; 
* DA Form 20 (Enlisted Qualification Record); and 
* Blue Spader Newsletter.  

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 was inducted into the Army of the United States on 1 September 1966.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman).  His highest grade held was sergeant, E-5.  

3.  The applicant was assigned to Vietnam on 20 February 1967 with Company B, 1st Battalion, 26nd Infantry, 1st Infantry Division as a rifleman.  

4.  Headquarters, 1st Infantry Division, General Orders Number 554, dated 21 January 1968, awarded the applicant the Bronze Star Medal for meritorious service from February 1967 to December 1967.

5.  The applicant departed Vietnam on 14 February 1968.  

6.  Headquarters, U.S. Army Vietnam, General Orders Number 3992, dated 27 October 1969, show the applicant's unit, Company B, 1st Battalion, 26th Infantry, 1st Infantry Division, was awarded the Valorous Unit Award for actions on 1 April 1967.  

7.  The applicant was honorably released from active duty on 30 August 1968 in the rank of sergeant.  He completed 1 year, 11 months, and 29 days of active military service with no days of lost time.  

8.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.  There is no record of disciplinary actions.  

9.  The applicant’s DD Form 214 shows he was awarded the Second Class Gunner Badge with Machine Gun Bar, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with three bronze service stars, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Combat Infantryman Badge.



10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 1st Battalion, 26th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 21, dated 1969.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 26st Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions are noted and there is sufficient evidence on which to grant the relief requested.  

2.  General orders published on 27 October 1969 awarded the applicant's unit, Company B, 1st Battalion, 26th Infantry, 1st Infantry Division, the Valorous Unit Award for actions on 1 April 1967.  Therefore, the Valorous Unit Award should be added to his DD Form 214.

3.  General orders awarded the applicant the Bronze Star Medal.  However, this decoration is not listed on his DD Form 214.  Therefore, it would be appropriate to add the Bronze Star Medal to his DD Form 214. 

4.  It appears the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period of service from 
1 September 1966 through 30 August 1968.  The applicant’s service records show he received conduct and efficiency ratings of "excellent" throughout his service and was promoted to sergeant during this period.  

5.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards should be added to his DD Form 214.
BOARD VOTE:

____x____  _____x___  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the first award of the Army Good Conduct Medal for the period 1 September 1966 through 30 August 1968; and

	b.  amending his DD Form 214 to add the Valorous Unit Award, the Bronze Star Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




      _______ _   _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)                                         AR20090005250





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ABCMR Record of Proceedings (cont)                                         AR20090005250



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