IN THE CASE OF:	  

		BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100021083 


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 record to show the Valorous Unit Award (VUA).

2.  The applicant states the award is omitted from his records.

3.  The applicant provides a copy of an article from the January-February 2010 issue of Army Engineer Magazine.

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted into the Army of the United States on 12 July 1967.  He was honorably released from active duty on 11 July 1969 after completing 2 years of active military service.

2.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with four bronze service stars
* Republic of Vietnam Campaign Medal
* Mechanic Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) he was assigned for duty in Vietnam with Company B, 19th Engineer Battalion, from on or about 12 December 1967 to 3 December 1968.

4.  The U.S. Army Human Resources Command Awards and Decorations Branch maintains a website listing recently approved unit awards that are authorized to be added to Soldiers' records.  The website shows Company B, 19th Engineer Battalion, was awarded the VUA for the period 16 July 1967 to 31 December 1968.  

5.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

6.  A memorandum from the Office of the Adjutant General, dated 4 May 1971, subject:  Transmittal of Award Elements, shows he was awarded the Army Commendation Medal (ARCOM) as announced in General Orders Number 66, issued by Headquarters, 18th Engineer Brigade, on 19 January 1968.

7.  His DA Form 20 shows in item 38 he received all "excellent" conduct and efficiency ratings and the record is void of documentation showing he was subject to disciplinary action during his Army service.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The applicant's service in Vietnam coincides with five 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)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam 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 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  The version of the regulation in effect at the time stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized for item 24.

DISCUSSION AND CONCLUSIONS:

1.  The evidence supports the applicant's request for correction of his record to show he was awarded the VUA.

2.  He served with the 19th Engineer Battalion during a period for which the unit received the VUA and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his record to show these awards.

3.  A memorandum from the Office of the Adjutant General shows a proper authority issued general orders announcing award of the ARCOM to the applicant.  Therefore, he is entitled to correction of his record to show the ARCOM.

4.  He served honorably during the period 12 July 1967 through 11 July 1969 and received all "excellent" conduct and efficiency ratings.  He was not the subject of any disciplinary actions during his military service.  It would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal military service.

5.  The applicant was awarded the VSM.  His records show he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of one silver service star for wear on the previously-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 (1st Award) for the period 12 July 1967 through 11 July 1969,

	b.  deleting the Vietnam Service Medal with four bronze service stars from item 24 of his DD Form 214, and

	c.  adding to item 24 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100021083



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ABCMR Record of Proceedings (cont)                                         AR20100021083



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