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ARMY | BCMR | CY2010 | 20100023197
Original file (20100023197.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100023197 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he is authorized the Valorous Unit Award.

2.  The applicant states, in effect, the Department of the Army recently announced that the unit to which he was assigned is authorized the Valorous Unit Award.

3.  The applicant provides his DD Form 214 and a copy of Permanent Orders 252-09, dated 9 September 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army on 9 August 1967.  He completed training as a tractor operator.

2.  On 18 September 1967, Special Orders Number 187 were published awarding the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  He arrived in Vietnam on 9 January 1968.  He was assigned to 137th Engineer Company (LE).  He participated in the following campaigns:

* Vietnamese Counteroffensive Phase III Campaign, which extended from 1 June 1967 through 29 January 1968
* Tet Counteroffensive Campaign, which extended from 30 January through 1 April 1968
* Vietnamese Counteroffensive Phase IV Campaign, which extended from 2 April through 30 June 1968
* Vietnamese Counteroffensive Phase V Campaign, which extended from 1 July through 1 November 1968
* Vietnamese Counteroffensive Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69/Counteroffensive Campaign, which extended from 23 February through 8 June 1969
* Vietnam Summer - Fall 1969 Campaign, which extended from 9 June through 31 October 1969

4.  The applicant departed Vietnam en-route to the U.S. on 20 August 1969.  

5.  On 10 July 1970, General Orders Number 58 were published awarding the applicant the Good Conduct Medal (First Award) for the period 9 August 1967 through 8 August 1970.

6.  He was released from active duty on 8 August 1970.  The DD Form 214 he received shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Purple Heart

7.  The applicant provides a copy of U.S. Army Human Resources Command Permanent Orders 252-09, dated 9 September 2009, showing the company to which he was assigned was awarded the Valorous Unit Award for extraordinary heroism in action against an armed enemy from 16 July 1967 until 31 December 1968.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) states the Meritorious Unit Commendation (previously called the Meritorious Service Unit Plaque) is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Service in a combat zone is not required, but must be directly related to the combat effort.  Units based in the continental United States are excluded from this award, as are other units outside the area of operation.  The unit must display such outstanding devotion and superior performance of exceptionally difficult tasks as to set it apart from and above other units with similar missions.  The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual.  

10.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  His supporting documents have been considered.

2.  The evidence of record shows that the company to which he was assigned was awarded the Valorous Unit Award in Permanent Orders 252-09.  This award should be added on his DD Form 214.

3.  The applicant is also authorized the following awards that she should be shown on his DD Form 214:

* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* one silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal

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 amending his DD Form 214 to show he is authorized the following awards:

* Valorous Unit Award
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* one silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal




      _______ _  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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100023197



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