IN THE CASE OF:	  

		BOARD DATE:	       14 OCTOBER 2009

		DOCKET NUMBER:  AR20090008434 


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 Valorous Unit Award (VUA) be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, that he is eligible for the VUA based on his service with the 12th Cavalry Regiment in the Republic of Vietnam (RVN).

3.  The applicant provides VUA orders, Bronze Star Medal (BSM) orders, and a Department of Veterans Affairs (VA) letter 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 record shows he was inducted into the Army of the United States Army and entered active duty on 5 August 1970.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman), and the highest rank he attained while serving on active duty was specialist four (SP4).

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 4 January 1971 through 11 November 1971.  It further shows that during his RVN tour, he was assigned to Company C, 1st Battalion, 
12th Cavalry Regiment, performing duties in MOS 11B as a rifleman.  Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), Purple Heart (PH), Bronze Star Medal (BSM), and Expert Marksmanship Qualification Badge with Rifle Bar. 

4.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM). 

5.  The applicant's OMPF contains Headquarters, 3rd Basic Combat Training Brigade, U.S. Army Training Center (USATC), Infantry, Fort Ord, California, Special Orders Number 192, dated 21 September 1970, which awarded him the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; and Headquarters, Second Advance Individual Training Brigade, USATC, Infantry, Special Orders Number 232, dated 12 November 1970, which awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

6.  On 25 January 1972, the applicant was honorably released from active duty (REFRAD) after completing a total of 1 year, 5 months, and 29 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that during his active duty tenure he earned the NDSM, RVN Campaign Medal with Device (1960), CIB, and VSM with 2 bronze service stars.

7.  On 21 September 1983, a DD Form 215 was issued to the applicant which added the PH and BSM to the list of awards in item 26. 

8.  Army Regulation 672-5-1 (Awards) provided the Army's awards policy in effect at the time of the applicant's REFRAD.  It stated, in pertinent part, that a normal qualifying period for award of the AGCM was 3 years; however, in the case of the first award issued at termination of Federal service, the qualifying period is more than 1 year.  It further stated that in order for a member to be eligible for the AGCM, he must have received all "excellent" conduct and efficiency ratings and must not have been convicted by a court-martial during the qualifying period.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (Company C, 1st Battalion, 12th Cavalry Regiment) was awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) 42, dated 1972 and the VUA was awarded by DAGO 5, dated 1985.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is eligible for the VUA based on his service with the 12th Cavalry Regiment in the RVN was carefully considered and found to have merit.  The evidence of record confirms the applicant served in 
C Company, 1st Battalion, 12th Cavalry Regiment during the period 15 January through 2 November 1971, and that his unit was awarded the VUA for a period (23 September through 25 October 1971) during the applicant's tenure of assignment.  Therefore, it would be appropriate to add this award to his DD form 214 at this time.  

2.  The applicant's record also confirm he received "excellent" conduct and efficiency ratings during all of his active duty assignments, he was never court-martialed while serving on active duty and his record is void of a unit commander disqualification or derogatory information that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active service from 5 August 1970 through 
25 January 1972.

3.  The evidence of record further confirms the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Machinegun  Bar, which were omitted from the list of awards contained on his DD Form 214.  It also shows that based on his RVN service, he is eligible for RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to add these awards to his 
DD Form 214 at this time. 


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 awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 5 August 1970 through 25 January 1972; by showing he is eligible for the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Machinegun Bar; and by issuing a correction to his DD Form 214 that includes these awards.  




      _______ _   ____XXX___   ___
               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)                                         AR20090008434



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ABCMR Record of Proceedings (cont)                                         AR20090008434



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