BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100022650 


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, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Valorous Unit Award.

2.  He states, in effect, this award is not shown on his DD Form 214.

3.  He provides:

* permanent orders for the Valorous Unit Award
* DD Form 214
* DD Form 215 (Correction to 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 was inducted into the Army of the United States on 26 October 1966.  He completed training and he was awarded military occupational specialty 12B (Combat Engineer).  He served in Vietnam from 27 March 1967 through 19 March 1968 during three campaigns.  He was assigned to Headquarters and Headquarters Company, 19th Engineer Battalion.

3.  He was honorably released from active duty in pay grade E-5 on 25 October 1968 at the expiration of his term of service and transferred to the U.S. Army Reserve Control Group.  He was credited with completion of 2 years of net active service and no lost time.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal with "V" Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

6.  Permanent Orders Number 252-09 were issued by the U.S. Army Human Resources Command on 9 September 2009 announcing award of the Valorous Unit Award to Headquarters and Headquarters Company, 19th Engineer Battalion, for extraordinary heroism in action against an armed enemy during the period 16 July 1967 to 31 December 1968.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

9.  Department of the Army General Orders Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to U.S. Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's unit in Vietnam during his period of assignment was cited for award of the Valorous Unit Award.  Therefore, he is entitled to this award and its addition to his DD Form 214.

2.  The evidence of record appears to show he met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this award.  There is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for his honorable period of service from 26 October 1966 through 25 October 1968 and correction of his DD Form 214 to show this award.

3.  He participated in three campaigns while he served in the Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  General orders authorized his unit award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  In view of the foregoing, his records should be corrected as recommended below.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 26 October 1966 through 25 October 1968;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	d.  providing him a correction to his DD Form 214 that includes these awards.



      _________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)                                         AR20100022650



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ABCMR Record of Proceedings (cont)                                         AR20100022650


   
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