IN THE CASE OF:	  

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090013478 


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 (Report of Transfer or Discharge) to show award of the Army Good Conduct Medal, the Army Commendation Medal, two awards of the Valorous Unit Award, one award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states that he never knew the DD Form 214 could be amended.  He contends that the Army Good Conduct Medal was given to all members with an honorable discharge; that he received the Army Commendation Medal; and that the 2nd Battalion, 502nd Infantry received two awards of the Valorous Unit Award and one award of the Meritorious Unit Commendation during combat.

3.  The applicant provides an award certificate for the Army Commendation Medal; a document pertaining to unit awards for the 2nd Battalion, 502nd Infantry; and a copy of his DD Form 214 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 enlisted in the Regular Army (RA) on 12 February 1969 for a period of 2 years.  He arrived in Vietnam on 22 July 1969.  He served as a light weapons infantryman assigned to Company A, 2nd Battalion, 502nd Infantry in Vietnam from 14 August 1969 to 16 September 1970.  On 16 September 1970, the applicant was released from active duty (REFRAD) in the rank/grade of sergeant (SGT)/E-5 after completing 1 year, 7 months, and 5 days of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Bronze Star Medal, Air Medal, two awards of the Overseas Service Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received "excellent" conduct and efficiency ratings throughout his service.

5.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 1454, dated 9 February 1970, show the applicant received the Army Commendation Medal for meritorious achievement for the period 1 August 1969 to 31 December 1969.

6.  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 publication shows the 2nd Battalion, 502nd Infantry was awarded the Valorous Unit Award for actions during the period 25 April 1970 to 25 May 1979 based on Department of the Army General Orders (DAGO) Number 48, dated 1971.  This unit received a second award of the Valorous Unit Award for actions during the period 13-30 August 1970 based on DAGO Number 50, dated 1971.

7.  In support of his claim for the Meritorious Unit Commendation, the applicant provided a document pertaining to unit awards for the 101st Airborne Division which shows the 101st Airborne Division received the Meritorious Unit 
Commendation for actions during the period 1 November 1968 to 30 June 1970.  
However, Department of the Army Pamphlet 672-3 does not show the applicant's unit (2nd Battalion, 502nd Infantry) was awarded the Meritorious Unit Commendation while he was assigned to it.

8.  Department of the Army General Orders (DAGO) Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Department of the Army Pamphlet 672-3 also shows that at the time of the applicant's assignment, the 2nd Battalion, 502nd Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 48, dated 1971.

10.  Records show the applicant participated in four campaigns during his assignment in Vietnam:  Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970); Sanctuary Counteroffensive (1 May 1970 – 30 June 1970); and Vietnam Co0unteroffensive Phase VII (1 July 1970 – 30 June 1971).

11.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, 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 22 November 1955 was 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.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for 
units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for six months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

14.  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 and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was REFRAD in the rank/grade of SGT/E-5 with 19 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 
12 February 1969 through 16 September 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

2.  Orders show the applicant was awarded the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant's unit was awarded two awards of the Valorous Unit Award and an award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  There is no evidence of record which shows the applicant’s unit (2nd Battalion, 502nd Infantry) received the Meritorious Unit Commendation while he was assigned to it.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show this unit award.



5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period of eligibility for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

6.  Based on the applicant's service in Vietnam, he is eligible for award of the Republic of Vietnam Campaign Medal with Device (1960).

7.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show 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.  deleting from item 24 of his DD Form 214 the "Vietnam Service Medal";

	b.  awarding him the Army Good Conduct Medal (1st award) for the period 
12 February 1969 through 16 September 1970; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal, Army Commendation Medal, Vietnam Service Medal with four bronze service stars, two awards of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Campaign Medal with Device (1960).


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 Meritorious Unit Commendation.


      __________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)                                         AR20090013478



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ABCMR Record of Proceedings (cont)                                         AR20090013478



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