IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100014343 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM) and the Valorous Unit Award (VUA)

2.  The applicant states the above awards are not listed on his DD Form 214.

3.  The applicant provides:

* His DD Form 214
* A VUA certificate, dated 24 March 2010 which shows the 137th Engineer Company was awarded the VUA for the period 16 July 1967 to 
31 December 1968
* General Orders Number 397 issued by the 18th Engineer Brigade, dated 
* 8 May 1968 
* ARCOM certificate, dated 8 May 1968, and citation, for meritorious service from 2 May 1967 to 1 May 1968 

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 records show he enlisted in the Regular Army on 
12 November 1965.  

3.  His DA Form 20 (Enlisted Qualification Record) shows: 

* In Item 31 (Foreign Service) - Republic of Vietnam (RVN) from 2 May 1967 to 26 April 1968
* In Item 38 (Record of Assignments) - 137th Engineer Company from 
2 July 1966 to 25 April 1968
* In Item 38 "Excellent" conduct and efficiency ratings

4.  Permanent Orders Number 252-09 from the U.S. Army Human Resources Command, Alexandria, VA, dated 9 September 2009, show the 137th Engineer Company was awarded the VUA for the period 16 July 1967 to 31 December 1968.  

5.  General Orders Number 397 issued by the 18th Engineer Brigade, dated 
8 May 1968 show the applicant was awarded the ARCOM for meritorious service from 2 May 1967 to 1 May 1968.

6.  The applicant's DD Form 214, dated 8 November 1968 shows he: 

* Was honorably discharged 
* Completed 2 years, 11 months, and 27 days of active service
* Earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), National Defense Service Medal, Vietnam Service Medal with two bronze service stars and the RVN Campaign Medal

7.  A review of the applicant's records indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in the RVN he participated in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, TET Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8 dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders show the applicant was awarded the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

2.  Permanent Orders also show the unit to which the applicant was assigned was awarded the VUA and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

3.  The available evidence shows the applicant served honorably from 
12 November 1965 to 8 November 1968 and he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is also no evidence of any derogatory information in his record that would have disqualified him for award of the Army Good Conduct Medal (GCM).  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st award) and correct his DD Form 214 to show this medal.

4.  Records show the applicant participated in four campaigns during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be worn on his already-awarded VSM.






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 is 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.  deleting the VSM with two bronze service stars from his DD Form 214;

	b.  awarding him the Army Good Conduct Medal (1st award) for the period 
12 November 1965 to 8 November 1968;

	c.  adding the ARCOM, VUA, Army Good Conduct Medal (1st award), VSM with four bronze service stars, and the RVN Gallantry Cross with Palm Unit Citation to his DD Form 214; and

	d.  providing him a document to show the above corrections.



      _______ _  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)                                         AR20100014343



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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