BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090007372 


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, that the Presidential Unit Citation and the Valorous Unit Award be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 16 March 1967.

2.  The applicant states, in effect, that he served with the 7th Cavalry in 1965 and 1966 and the unit was authorized these awards after he left.

3.  The applicant provides no additional evidence or official documentation in support of his 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 personnel records show he was inducted into the Army of the U.S. on 17 March 1965.  He completed basic combat training and advanced individual training and he was awarded the military occupational specialty 76D (Supply Specialist).

3.  On 7 July 1965, the applicant was assigned to the 2nd Battalion, 7th Cavalry, 1st Cavalry Division at Fort Benning, GA.  He remained assigned to the unit when they deployed and arrived in the Republic of Vietnam on 16 September 1965.  He departed the 2nd Battalion and returned to the U.S. on 23 July 1966.

4.  On 16 March 1967, the applicant was released from active duty.  He had completed 2 years of active service that was characterized as honorable.  
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he is authorized the Presidential Unit Citation or the Valorous Unit Award.  Item 24 shows he is authorized the Vietnam Service Medal with two bronze service stars.

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is also no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records do not contain any adverse information, indiscipline, or lost time and he received conduct and efficiency ratings of “excellent” throughout his service.

6.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Defense Campaign (8 March 1965 - 24 December 1965); the Vietnam Counteroffensive Campaign (25 December 1965 - 30 June 1966); and the Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967).

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows the 2nd Battalion, 7th Cavalry was awarded the:

	a.  Presidential Unit Citation for the period from 23 October - 26 November 1965 based on Department of the Army General Order Number 40, dated 1967; and

	b.  Valorous Unit Award for the period from 1 May - 29 June 1970 based on Department of the Army General Order Number 43, dated 1972.
8.  Department of the Army Pamphlet 672-3 also shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was each 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 school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to
22 November 1955 were not disqualifying.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The 2nd Battalion, 7th Cavalry was awarded the Presidential Unit Citation for a period during which the applicant was assigned to the unit.  Therefore, he is authorized this award and it is appropriate to include it on his DD Form 214.

2.  The 2nd Battalion, 7th Cavalry was awarded the Valorous Unit Award for the period 1 May - 29 June 1970.  The applicant was not assigned to the unit during this timeframe.  Therefore, he is not authorized the Valorous Unit Award.

3.  The applicant's records do not show indiscipline or lost time, and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 17 March 1965 to 16 March 1967.

4.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.  

5.  The applicant served in the Republic of Vietnam during the period all units assigned in the Republic of Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is authorized this award and it is appropriate to include it on 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:  

   a.  awarding him the Army Good Conduct Medal for his period of service from
17 March 1965 to 16 March 1967; and

	b.  amending item 24 of his DD Form 214 add the Presidential Unit Citation, the Army Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, 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 the Valorous Unit Award.  



      _______ _   _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)                                         AR20090007372



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090007372



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1