IN THE CASE OF:
BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100018846
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 award of the Valorous Unit Award.
2. The applicant makes no statement.
3. The applicant provides copies his DD Form 214; and Permanent Orders
252-09, issued by U.S. Army Human Resources Command (HRC), Alexandria, VA, dated 9 September 2009.
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 applicants 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 applicants 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 on 6 October 1967 for a period of 3 years. He completed his initial training and he was awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver).
3. On 23 February 1968, the applicant departed Fort Leonard Wood, MO, for duty in the Republic of Vietnam.
4. On 17 March 1968, the applicant was assigned to the 70th Engineer Company. He remained with this unit until 30 January 1969.
5. On 31 January 1969, the applicant was assigned to C Company,
19th Engineer Battalion, where he remained until his return to the United States on 7 March 1969. He was subsequently assigned Fort Leonard Wood for about 4 months and then served for a year in the U.S. Army Europe in Germany.
6. On 30 September 1970, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed
2 years, 11 months, and 25 days of total active service.
7. 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, Driver [and Mechanic] Badge [with Driver-W Bar], Expert Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14), and the [Republic of] Vietnam Campaign Medal [with Device (1960)].
8. Permanent Orders Number 252-09 awarded the 70th Engineer Company the Valorous Unit Award for the period 1 July to 31 December 1968 for extraordinary heroism in action against an armed enemy.
9. Army Regulation 600-8-22, 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 service in Vietnam, the applicant participated in the following five campaigns:
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
10. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders clearly show the applicant's unit was awarded the Valorous Unit Award during his period of assignment. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
2. Records show that the applicant participated in five campaign phases during his service in the Republic of Vietnam. Therefore, he is entitled to one silver service star to be affixed to his already-awarded Vietnam Service Medal.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to Headquarters, U.S. Army Vietnam and its subordinate units during the applicant's period of service in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show this unit 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 24 of his DD Form 214 the Vietnam Service Medal; and
b. adding to item 24 of his DD Form 214 the:
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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) AR20100018846
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ABCMR Record of Proceedings (cont) AR20100018846
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