IN THE CASE OF:	  

		BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100020676 


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 following awards:

* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states, in effect, the awards were not put on his DD Form 214 when he got out of the Army.  He further states he never received orders for the Bronze Star Medal or the Army Commendation Medal and the Army Good Conduct Medal was awarded at Fort Belvoir, VA, for the period from January 1966 to January 1967.

3.  The applicant provides a DD Form 214 and two award certificates. 

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 served in an enlisted status from 10 January 1966 to 19 January 1967.  On 20 January 1967, he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) and was ordered to active duty from the USAR on 20 January 1967.

3.  His records show he served in Vietnam from on or about 31 October 1967 to 24 October 1968 while assigned to Company A and Company B, 65th Engineer Battalion, 25th Infantry Division.

4.  Headquarters, U.S. Army Corps of Engineers, General Orders (GO) Number 2, dated 2 January 1967, awarded him the Army Good Conduct Medal (1st Award).

5.  Headquarters, 25th Infantry Division, GO Number 6612, dated 24 September 1968, awarded him the Bronze Star Medal for meritorious achievement in ground operations against the enemy in Vietnam.

6.  Headquarters, 25th Infantry Division, GO Number 8001, dated 7 November 1968, awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force in Vietnam.

7.  He was honorably released from active duty on 29 October 1968 in the rank/grade of first lieutenant/O-2 and he was transferred to the USAR Control Group to complete his remaining Reserve obligation.  

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and two overseas service bars.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 
65th Engineer Battalion, 25th Infantry Division, this unit was cited for award of the:
* Meritorious Unit Commendation for the period 22 February - 7 December 1967, by Department of the Army (DA) GO Number 17, dated 1969
* Presidential Unit Citation for the period 18 August - 20 September 1968, by DAGO Number 82, dated 1969
* Valorous Unit Award for the period 27 August - 31 October 1968, by DAGO Number 42, dated 1969 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 - August 1968, by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 13 March 1966 - 21 January 1970, by DAGO Number 51, dated 1971

10.  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 following four campaigns:

* Vietnam Counteroffensive, Phase III, 1 June 1967 - 29 January 1968
* 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

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded him a Bronze Star Medal, Army Commendation Medal, and Army Good Conduct Medal (1st Award) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  General orders awarded his unit the Meritorious Unit Commendation, Presidential Unit Citation, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show them.


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 adding the following awards to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100020676





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ABCMR Record of Proceedings (cont)                                         AR20100020676



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