BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100019135 


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:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award (VUA)

2.  He states, in effect, the 19th Engineer Battalion was awarded the VUA.

3.  He provides a copy of his DD Form 214.

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 31 August 1965 and was honorably discharged on 30 May 1967 for the purpose of immediate reenlistment.  He served in the Republic of Vietnam from 25 March 1968 to 23 March 1969 and was assigned to the 137th Engineer Company, 19th Engineer Battalion.  He was honorably released from active duty on 28 May 1970 and credited with 4 years, 8 months, and 28 days of active service.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Awarded or Authorized) of his 28 May 1970 DD Form 214 shows the following:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  His records show no record of courts-martial or a commander's disqualification statement for award of the Army Good Conduct Medal (AGCM) contained in his records.  Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, U.S. Army Vietnam, by Department of the Army General Orders (DAGO) Number 8, dated 1974.

6.  A review of the U.S. Army Human Resources Command (HRC) awards and decorations website shows DAGOs for award of the VUA for the 137th Engineer Company for the period 16 July 1967 to 31 December 1968 are pending.  However, the website notes that personnel service battalions, military personnel divisions, and branch managers may use the listings obtained from this site to update Soldiers' records.  Since DAGOs are not added to Soldiers' official military personnel files, the order is not necessary to update the records.

7.  A review of his DD Form 214 indicates he is entitled to an additional award that is not shown on this form.


8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows participation credit was awarded for five campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  A silver service star is worn instead of five bronze service stars.  Based on his service in Vietnam, he is credited with participation in the following campaigns:

* Tet Counteroffensive (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  Information obtained from the HRC awards and decorations website verifies the applicant is entitled to wear the VUA.  Therefore, his records should be corrected to show this award.

3.  The evidence of record shows he received "excellent" conduct and efficiency ratings; he had no record of courts-martial and no commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM for the period 31 August 1965 to 30 August 1968 and correction of his records to show this award.

4.  The evidence of record also shows he is entitled to one silver service star 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 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.  awarding him the AGCM for the period 31 August 1965 to 30 August 1968;

	b.  deleting the VSM from item 24 of his DD Form 214; and

	c.  adding the AGCM, the VSM with one silver service star, the VUA, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his 28 May 1970 DD Form 214.



      __________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)                                         AR20100019135



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ABCMR Record of Proceedings (cont)                                         AR20100019135



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