BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100023667
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 the Valorous Unit Award (VUA) be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the unit he served with in the Republic of Vietnam (RVN) between 5 January and 17 November 1967 was recently awarded the VUA for the period 16 July 1967 through 31 December 1968 and he would like this award added to his DD Form 214.
3. The applicant provides VUA orders, pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record), and his 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 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 available record shows the applicant served in the Army of the United States from 18 May to 23 May 1966 until he was separated for immediate enlistment. He enlisted in the Regular Army on 24 May 1966. He was trained in and awarded military occupational specialty (MOS) 44C (Welder) and specialist five (SP5)/E-5 is the highest rank he attained while serving on active duty.
3. The applicant's DA Form 20 shows he served in the RVN from 2 May 1967 through 27 April 1968. Item 38 (Record of Assignments) shows that during his RVN tour he served with the 137th Engineer Company from 5 January through 17 November 1967 and with Company A, 815th Engineer Battalion from
18 November 1967 through 27 April 1968.
4. On 23 May 1969, the applicant was honorably released from active duty (REFRAD), in the rank of SP5/E-5, after completing 3 years and 6 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued upon his REFRAD shows he earned the following awards during his active duty tenure:
* Expert Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (RVNCM) with 1960 Device
* two overseas service bars
* Army Good Conduct Medal (AGCM)
5. A review of the previously approved unit award list maintained by the Military Awards Branch, U.S. Army Human Resources Command, confirms the 137th Engineer Company was awarded the VUA for the period 16 July 1967 through
31 December 1968, and that the Department of the Army General Order (DAGO) is pending. It further confirms this award is authorized to be added to a Soldier's uniform/record.
6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-13 contains guidance on the VSM. It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.
7. Table B-1 of the awards regulation contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following 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 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
8. DAGO Number 8, issued in 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in the RVN between 8 February 1962 and 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the VUA should be added to his DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant served with the 137th Engineer Company from 5 January through 17 November 1967 and that the unit recently was awarded the VUA for the period 16 July 1967 through 31 December 1968. As a result, it would be appropriate to add this award to his record and DD Form 214.
3. The evidence also confirms that based on the applicant's service and campaign participation in the RVN the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation and four bronze service stars to be worn with his VSM. Therefore, it would also be appropriate to add these awards to his
DD Form 214.
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 item 24 of his DD Form 214 by:
* Deleting the "VSM"
* Adding the VSM with four bronze service stars, VUA, and 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) AR20100023667
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