IN THE CASE OF:	  

		BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090005725 


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, in effect, award of the Vietnam Service Medal with seven bronze service stars, Valorous Unit Award with First Oak Leaf Cluster, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and the Army Good Conduct Medal.

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is missing the awards he is requesting and would like his DD Form 214 corrected.

3.  The applicant provides a self-authored statement and a website printout depicting unit awards issued by the Army 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 record shows that he enlisted in the Regular Army and entered active duty on 1 April 1969.  He was trained in and awarded military occupational specialty 13A (Field Artilleryman).

3.  On 23 December 1971, the applicant was released from active duty.  The DD Form 214 he was issued at the time confirms he completed a total of 2 years, 8 months, and 23 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal with "V" Device, Purple Heart, and Expert Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 13 September 1969 through 12 September 1970.  Item 38 (Record of Assignments) shows that during the period 14 May 1970 through 3 July 1970 the applicant was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 35th Field Artillery, and with Battery A, 2nd Battalion, 35th Field Artillery, for all other periods of his tenure in the RVN.  Further, item 38 shows that during his tenure in the Army the applicant's conduct and efficiency were rated as "excellent."

5.  There is no evidence the applicant was awarded the Army Good Conduct Medal.  However, item 44 (Time Lost Under Section 972, Title 10, U.S. Code, and Subsequent to Normal Date of Expiration of Term of Service) of the applicant's DA Form 20 shows that the applicant was absent without leave (AWOL) for 9 days during the period 13 February 1971 through 22 February 1971.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's assignment tenure in the RVN participation credit was granted for the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.

7.  Army Regulation 600-8-22 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.  An oak leaf cluster is authorized for wear for each additional award of the Valorous Unit Award.

8.  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 pamphlet shows the unit to which the applicant was assigned was cited for award of the Valorous Unit Award on 18 April 1970 by Department of the Army General Order Number 50, dated 1971, and for the period 1 May 1970 through 29 June 1970 by Department of the Army General Order Number 3, dated 1972.  However, it does not show award of the Meritorious Unit Commendation or Presidential Unit Citation to any of the applicant's units during his tenure in the RVN.

9.  Department of the Army Pamphlet 672-3 shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to Headquarters, United States Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973 based on Department of the Army General Orders Number 8, dated 1974.  It further shows that his unit was awarded the Republic of Vietnam Civil Actions Honor Medal during the period 23 June 1966 to 15 January 1971 based on Department of the Army General Orders Number 51, dated 1971.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was awarded the Vietnam Service Medal and that he participated in four campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show an additional bronze service star to be affixed to his previously-awarded Vietnam Service Medal.

2.  General orders awarded the applicant's unit the Valorous Unit Award on two occasions during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of the Valorous Unit Award with First Oak Leaf Cluster.

3.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

4.  General orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

5.  There is no evidence of record to show the applicant was assigned to a unit awarded the Meritorious Unit Commendation or the Presidential Unit Citation.  Absent such evidence there is no basis to grant the requested relief.

6.  The applicant contends he is eligible for the Army Good Conduct Medal for his military service.  The evidence of record is void of any documents to show that he was ever awarded the Army Good Conduct Medal.  Although his records show ratings of "excellent" for conduct and efficiency, they also contain documentation indicating a 9-day period of AWOL.  Therefore, given the lost time reflected in the applicant's record, government regularity is presumed in the absence of 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.  adding to item 24 of his DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award with First Oak Leaf Cluster.

	b.  amending item 24 of his DD Form 214 to show an additional bronze service star to be affixed to his previously-awarded 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 Army Good Conduct Medal, Meritorious Unit Commendation, Presidential Unit Citation, and three additional bronze service stars for his Vietnam Service 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)                                         AR20090005725



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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