BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100017336 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1993 to show two awards of the Valorous Unit Award (VUA).

2.  The applicant states while he was assigned to Company B, 4th Battalion,
39th Infantry Division his unit was awarded the VUA for actions on 31 January 1968 and during the period 6-12 May 1968.

3.  The applicant provides a copy of:

* Department of the Army General Orders (DAGO) Number 5, dated
27 January 1969
* DAGO Number 1048, dated 4 May 1970
* DAGO Number 43, dated 16 August 1970
* a personnel roster for Company B, 4th Battalion, 39th Infantry, as of
16 April 1968
* a Certificate of Combat Service
* Special Orders Number 15, issued by Headquarters, 9th Infantry Division, dated 15 January 1968, awarding him the Combat Infantryman Badge
* a 9th Infantry Division Certificate, dated 2 February 1968
* his DD Form 214 for the period ending 31 July 1993 


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 26 May 1967.  His DA Form 2-1 (Personnel Qualification Record) shows he served as a light weapons infantryman assigned to Company B, 4th Battalion, 39th Infantry in Vietnam from 1 November 1967 through 11 May 1968.  He was reassigned to the 2nd Infantry Division in Korea where he served from 12 May to 17 October 1968.  He was honorably discharged on 11 May 1969 for the purpose of immediate enlistment in the Regular Army (RA).  He served his second tour in Vietnam with Headquarters, 5th Special Forces Group, 1st Special Forces from
9 November 1970 to 8 December 1971.

3.  The applicant continued to serve through subsequent reenlistments until
31 July 1993, when he was honorably retired for length of service.  He completed 26 years, 3 months, and 19 days of total active service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 July 1993 does not show the VUA or the Korea Defense Service Medal as authorized awards.  It does show, in part, the "Vietnam Service Medal with 1 silver star."

5.  DAGO Number 5, dated 27 January 1969, awarded the 2d Battalion (Mechanized), 47th Infantry and its attached unit, Company B, 4th Battalion,
39th Infantry the VUA for actions on 31 January 1968 in Vietnam.

6.  DAGO Number 43, dated 16 August 1970, awarded the 4th Battalion,
39th Infantry the VUA for actions during the period 6-12 May 1968 in Vietnam.


7.  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 4th Battalion, 39th Infantry, at the time of the applicant's assignment, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 - 28 June 1969, by DAGO Number 59, dated 1969.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, 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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his two tours of service in Vietnam, the applicant participated in the following six campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

9.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit was cited for two awards of the VUA and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 July 1993 to show these unit awards.

2.  During the applicant's two tours of service in Vietnam he participated in six campaign phases.  Therefore, he is entitled to 1 silver service star and 1 bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 31 July 1993 accordingly.


3.  The applicant served during a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 July 1993 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.  deleting from item 13 of his DD Form 214 for the period ending 31 July 1993 the Vietnam Service Medal with 1 silver star; and

	b.  adding to item 13 of his DD Form 214 for the period ending 31 July 1993 the:

* Vietnam Service Medal with 1 silver service star and 1 bronze service star
* Korea Defense Service Medal
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Valorous Unit Award (2 awards)



      __________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)                                         AR20100017336



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ABCMR Record of Proceedings (cont)                                         AR20100017336



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