IN THE CASE OF:	  

		BOARD DATE:	  21 December 2011

		DOCKET NUMBER:  AR20100016708 


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 reflect all the awards and medals to which he is entitled, including the Army Commendation Medal and the Valorous Unit Award.  

2.  He states his DD Form 214 does not reflect all the awards and medals for his time served in the U.S. Army.  

3.  He provides a copy of a newspaper article 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 was inducted into the Army of the United States on 16 August 1966.  The highest grade he attained was sergeant (SGT)/E-5.  

3.  He served in Vietnam from 4 March 1967 to 3 March 1968 with Company A, 19th Engineer Battalion, 18th Engineer Brigade.  

4.  Headquarters, 18th Engineer Brigade, General Orders Number 110, dated 21 February 1968, show he was awarded the Army Commendation Medal for meritorious service from 4 March 1967 to 3 March 1968.  

5.  His DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of service.  His service record does not contain any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

6.  He was released from active duty on 6 August 1968 in the rank of SGT.  He completed 1 year, 11 months, and 21 days of active military service with no time lost.  

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of his assignment to the 18th Engineer Brigade, this unit was cited for award of the:

* Meritorious Unit Commendation for the period 1 January 1967 to 29 February 1968 by Department of the Army General Orders Number 55, dated 1968
* Meritorious Unit Commendation for the period 1 March 1968 to 28 February 1969 by Department of the Army General Orders Number 51, dated 1971



9.  Department of the Army Pamphlet 672-3 does not indicate his unit in Vietnam was cited for award of the Valorous Unit Award.  

10.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN 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.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, he participated in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and Tet Counteroffensive campaigns.  

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  General orders published on 21 February 1968 show the applicant was awarded the Army Commendation Medal; therefore, this award should be added to his DD Form 214.  

2.  Department of the Army Pamphlet 672-3 does not indicate his unit in Vietnam was cited for award of the Valorous Unit Award.  Therefore, there is no basis for amending his DD Form 214 to show this award.

3.  He was assigned to a unit in Vietnam that was cited twice for award of the Meritorious Unit Commendation; therefore, this award should be added to his DD Form 214.



4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  He was assigned to a unit which served in Vietnam.  Therefore, his DD Form 214 should be amended to show this unit award.

5.  It appears he has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 16 August 1966 through 6 August 1968.  His service record shows he received "excellent" conduct and efficiency ratings and he was advanced to SGT during this period.

6.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his already-awarded Vietnam Service Medal.

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.  awarding him the Army Good Conduct Medal for the period 16 August 1966 through 6 August 1968;
   
   b.  amending his DD Form 214 by adding the Army Commendation Medal, Meritorious Unit Commendation (2), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Good Conduct Medal; and 

   c.  deleting the Vietnam Service Medal from item 24 of his DD Form 214 and replacing it with the Vietnam Service Medal with three bronze service stars.  



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 Valorous Unit Award.  




      _______ _   _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)                                         AR20100016708





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ABCMR Record of Proceedings (cont)                                         AR20100016708



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