IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100023217
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 award of the Valorous Unit Award.
2. The applicant states, in effect, this is a new award and it is not shown on his DD Form 214.
3. The applicant provides his DD Form 214 and orders for the Valorous Unit Award.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants records show he was inducted into the Army of the United States on 12 September 1966 and he held military occupational specialty 63B (Wheeled Vehicle Mechanic). He served in Vietnam from 4 March 1967 to 3 March 1968 while assigned to Company A, 19th Engineer Battalion.
3. On 11 September 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his remaining service obligation.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Army Good Conduct Medal (1st Award).
5. U.S. Army Human Resources Command Permanent Orders Number 252-09, dated 9 September 2009, awarded Company A, 19th Engineer Battalion the Valorous Unit Award for the period 16 July 1967 31 December 1968.
6. A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.
7. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
8. Army Regulation 600-8-22 (Military Awards), 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 three campaigns:
* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that 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. Army Vietnam and its subordinate units during the period 20 July 1965 - 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded his unit the Valorous Unit Award and general orders awarded it the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit, which are not shown on his DD Form 214. Therefore, he is entitled to correction of records to show these unit awards.
2. His records show he was awarded the Vietnam Service Medal and that he participated in three campaigns during his service in Vietnam. Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his records to show this award.
3. He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214. Therefore, he is entitled to correction of his records to show this badge.
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 to item 24 of his DD Form 214 the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and three bronze service stars to wear on 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) AR20100023217
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ABCMR Record of Proceedings (cont) AR20100023217
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