IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100015549 


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 the Valorous Unit Award. 

2.  The applicant states the award was just issued for his unit of attachment. 

3.  The applicant provides a certificate and a citation.

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 6 June 1966 for a period of 3 years.  He held military occupational specialty 62B (Grader Operator).  He was subsequently reassigned to the 137th Engineer Company (Light Equipment), Fort Riley, KS, in or about October 1966. 
3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 2 May 1967 to 27 April 1968.  He was assigned to the:

* 137th Engineer Company from 2 May 1967 through 17 November 1967
* 517th Engineer Company from 18 November 1967 to 27 April 1968

4.  Item 38 also shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information or a commander's disqualification for the first award of the Army Good Conduct Medal.

5.  He was honorably released from active duty on 5 June 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Vietnam Service Medal with 3 bronze service stars, National Defense Service Medal, Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  He submitted a citation and a certificate, dated 24 March 2010, awarding Headquarters and Headquarters Company, 19th Engineer Battalion, the Valorous Unit Award for heroism in military operations against an armed enemy from 16 July 1967 to 31 December 1968.

8.  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 517th Engineer Company, was cited for award of the Valorous Unit Award for the period 6 February to 15 September 1968 by Department of the Army General Order (DAGO) Number 53, dated 1970.

9.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

	a.  Each 3 years completed on or after 27 August 1940;

	b.  For first award only, 1 year served entirely during the period 
7 December 1941 to 2 March 1946;

	c.  For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year;

	d.  For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty; or

	e.  For first award only, for those individuals who died before completing
1 year of active Federal service if the death occurred in the line of duty.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served with the 137th and the 517th Engineer Companies in Vietnam; however, there is no evidence the applicant was assigned or attached to the 19th Engineer Battalion in Vietnam.  As such, there is insufficient evidence to award him the Valorous Unit Award based on the documents he provided.  However, evidence does show that while he was assigned to the 517th Engineer Company in Vietnam, this unit was cited for award of the Valorous Unit Award during the period 6 February to
15 September 1968.  Therefore, he is entitled to correction of his DD Form 214 to show the Valorous Unit Award.

2.  Evidence also shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.  Therefore, he is also entitled to correction of his DD Form 214 to show this unit award.

3.  Evidence shows the applicant received "excellent" conduct and efficiency rating through his service and there is no evidence of any derogatory information or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the first award of the Army Good Conduct Medal and correction of his DD Form 214 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 him the Army Good Conduct Medal (first award) for the period
6 June 1966 through 5 June 1969; and

	b.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award), Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ___________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)                                         AR20100015549



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ABCMR Record of Proceedings (cont)                                         AR20100015549



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