IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100021887 


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 reflect all of his authorized individual and unit awards, such as the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the "VCUC" (acronym unknown).

2.  The applicant states, in effect, that he desires all of the awards to which he is entitled to be added to his DD Form 214.

3.  The applicant provides no additional documents with his application.

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 enlisted in the Regular Army on 30 August 1966 for a period of 3 years and training as a construction machine operator.  He completed his basic training at Fort Ord, CA and his advanced individual training at Fort Leonard Wood, MO before being transferred to Fort Ord for his first duty assignment.

3.  On 12 September 1967, he was transferred to Vietnam for assignment to the 137th Engineer Company.  He was advanced to the pay grade of E-3 on 10 October 1967.

4.  He departed Vietnam on 4 February 1968 for transfer to Fort Lewis, WA, where he was discharged with a general discharge.  He had served 1 year,
5 months, and 9 days of total active service of which 4 months and 25 days were served in Vietnam.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Marksman Marksmanship Qualification Badges with Rifle Bar (M-14).

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  The 137th Engineer Company was cited for award of the:

* Meritorious Unit Commendation for the period 1 August 1969 - 3 February 1970 by Department of the Army General Orders (DAGO) Number 2, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 May 1970 - 30 April 1971 by DAGO Number 6, dated 1974 and for the period 29 October - 11 November 1970 by DAGO Number 5, dated 1973

7.  Department of the Army Pamphlet 672, paragraph 6d, states that DAGO Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during, the period 20 July 1965 to 28 March 1973.


8.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.  An individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

9.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that Valorous Unit Award should be added to his DD Form 214 has been noted and appears to lack merit.  The applicant has not provided and the records do not contain evidence to show that the applicant’s unit was awarded the Valorous Unit Award at any time during the period he was assigned to the unit.  Therefore, in the absence of such evidence there appears to be no basis to grant this portion of his request.

2.  The applicant refers to the "VCUC" which is an unknown award acronym.  Therefore, there is no basis for adding this "award" to his DD Form 214.

3.  The applicant served during two campaigns while in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to Headquarters, U.S. Army Vietnam, and its subordinate units, including the applicant's unit.  Therefore, he is entitled to correction of his
DD Form 214 to show this unit award.

5.  There is no evidence in the available records and the applicant has provided no such evidence to show that he is entitled to any additional individual or unit awards.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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;

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

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Valorous Unit Award, "VCUC," or any other individual or unit awards to his 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)                                         AR20100021887



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ABCMR Record of Proceedings (cont)                                         AR20100021887



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