IN THE CASE OF:	  

		BOARD DATE:	  8 December 2009

		DOCKET NUMBER:  AR20090010626 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Army Commendation Medal and the Valorous Unit Award. 

2.  The applicant essentially states that he was en route to Fort Sill, Oklahoma, when he was awarded the Army Commendation Medal, but it is not listed on his DD Form 214.  He also states that he was assigned to Company B, 15th Medical Battalion, 1st Cavalry Division (Airmobile), from November 1966 to November 1967 and that this company was awarded the Valorous Unit Award during that time frame.

3.  The applicant provides an undated and unsigned continuation page and page 170 from a book on the 1st Cavalry Division 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 military records show that he was inducted into the Army of the United States on 31 May 1966.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman).  He was later awarded MOS 91B (Medical Specialist).  He departed for the Republic of Vietnam on 21 November 1966 and served with Company B, 15th Medical Battalion, 1st Cavalry Division (Airmobile).  He was wounded in action on 6 June 1967.  He returned to the continental United States on 17 November 1967 and was assigned to Fort Sill, Oklahoma, until he was honorably released from active duty on 29 May 1968.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Purple Heart, and the Combat Medical Badge.

3.  The applicant was awarded the Army Commendation Medal by Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 7336, dated 12 December 1967.

4.  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 document shows that at the time of the applicant's assignment to Company B, 15th Medical Battalion, the company was cited for award of the Valorous Unit Award for extraordinary heroism in action on 6 June 1967 by Department of the Army General Orders Number 48, dated 1968.

5.  During a review of the applicant's records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant served 1 year, 11 months, and 29 days of continuous enlisted active duty service from 31 May 1966 to 29 May 1968, but his military records do not show that he was awarded the Army Good Conduct Medal.  His conduct and efficiency ratings were rated as "excellent" for the entire period of qualifying service and there is no derogatory information in the available records which could be a disqualifying factor for award of the Army Good Conduct Medal for this period of active duty service.

7.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant's assignment to the 15th Medical Battalion, the battalion was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 28, dated 1969, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969.

8.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns and shows that during the applicant's tour in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase II campaign and the Vietnam Counteroffensive Phase III campaign.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant's active duty service, 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal and the Valorous Unit Award.

2.  General orders awarded the applicant the Army Commendation Medal, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Army Commendation Medal.

3.  The applicant served 1 year, 11 months, and 29 days of continuous enlisted active duty service from 31 May 1966 to 29 May 1968 and his conduct and efficiency ratings were rated as "excellent" for the entire period of qualifying service.  There is no derogatory information in the available records which could be a disqualifying factor for award of the Army Good Conduct Medal for this period of active duty service.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal for the period 31 May 1966 to 29 May 1968 and correct his military records to show the award of the Army Good Conduct Medal.

4.  General orders awarded the Valorous Unit Award to Company B, 15th Medical Battalion, while the applicant was assigned to this company.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the award of the Valorous Unit Award.

5.  General orders awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 15th Medical Battalion while the applicant was assigned to this battalion.  Therefore, he is entitled to correction of his DD Form 214 to show the award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show two bronze stars to be affixed to his already-awarded Vietnam Service Medal instead of one bronze service star as currently shown.

BOARD VOTE:

____x____  ___x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  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 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 the period 31 May 1966 to 29 May 1968 while serving as a specialist five and

	b.  amending his DDForm214 to add the Army Commendation Medal, the Army Good Conduct Medal, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal instead of one bronze service star as currently shown.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___________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)                                         AR20090010626



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ABCMR Record of Proceedings (cont)                                         AR20090010626



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