IN THE CASE OF:	  

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090007389 


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 receipt of the Valorous Unit Citation [correctly known as the Valorous Unit Award] to which he is entitled for his service in the Republic of Vietnam.

2.  The applicant states, in effect, that although his unit was awarded the Valorous Unit Award, it was not annotated on his DD Form 214 at the time of his separation. 
He states that he needs this award to assist with his compensation claim with the Department of Veterans Affairs.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record) and an extract from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) as documentary evidence in support of this request.

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 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 was inducted into the Army of the United States and entered active duty on 8 November 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 36K (Field Wireman).  The highest rank he attained while serving on active duty was private first class/pay grade E-3.  The applicant was released from active duty on 11 September 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, the applicant served in Battery C, 1st Battalion of the 92d Field Artillery Regiment during the period 1 March 1969 until 7 July 1969.  Item 38 also shows the applicant was assigned to the Medical Holding Company of the 249th General Hospital as a patient on 8 July 1969 and the Medical Holding Detachment of the St. Albans, U.S. Naval Hospital located in Long Island, New York, during the period 13 July 1969 through 8 September 1969.  Item 38 further shows the applicant received conduct and efficiency ratings of "excellent" for each of his rated duty assignments.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the National Defense Service Medal, the Parachutist Badge, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and one overseas service bar.  This form does not show award of the Valorous Unit Award.

5.  Department of the Army Pamphlet 672-3 shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Valorous Unit Award for the period of 4 May 1969 through 28 June 1969 based on Department of the Army General Orders Number 48, dated 1971.

6.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period of 1 August 1965 through 16 April 1971 based on Department of the Army General Orders Number 54, dated 1974.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant's tour of duty in the Republic of Vietnam he participated in two campaigns:  TET 69 Counteroffensive and Vietnam Summer-Fall 1969.  This same regulation also states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  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 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 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show award of the Valorous Unit Award was carefully considered and determined to have merit.

2.  General orders show the applicant's unit was awarded the Valorous Unit Award for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

3.  General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

4.  Records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  The records also show the applicant was previously awarded the Vietnam Service Medal.  Therefore, he is entitled to award of two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal and he is entitled to correction of his records to show this addition.

5.  Evidence shows the applicant completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (first award) for the period 8 November 1967 through 11 September 1969 and to correction of his records to show this award.

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 the applicant the Army Good Conduct Medal (first award) for the period 8 November 1967 through 11 September 1969; and

	b.  adding the Army Good Conduct Medal (first award), the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal to item 24 of 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)                                         AR20090007389



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ABCMR Record of Proceedings (cont)                                         AR20090007389



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