IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100024214 


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 for his participation in the defense of Hiep Duc, Vietnam in August 1969 and any other awards to which he is entitled.

2.  He states:

* he was assigned to Company B, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, Americal Division 
* he was wounded and he was awarded the Purple Heart
* his unit was not granted the Valorous Unit Award until after his separation in 1972

3.  He provides:

* General Orders Number 8892, dated 1 September 1969, that awarded him the Purple Heart
* his DD Form 214
* General Orders Number 12677, dated 14 December 1969, that award him the Army Commendation Medal with “V” Device


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 August 1968.  He was trained in and awarded military occupational specialty 11B (light weapons infantryman).  The highest rank/grade he attained was staff sergeant (SSG)/E-6.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service) he served in Vietnam from 24 January 1969 to 23 January 1970
* Item 38 (Record of Assignments) he was assigned to Company B, 2nd Battalion, 1st Infantry, 196th Infantry Brigade in Vietnam from
9 February 1969 through 23 January 1970
* Item 38 he received "excellent” conduct and efficiency ratings throughout his service
* Item 41 (Awards and Decorations) no entry for the Army Good Conduct Medal or the Valorous Unit Award

4.  General Orders Number 8892, issued by Headquarters, Americal Division, dated 1 September 1969, awarded him the Purple Heart for wounds he received in action in Vietnam on 28 August 1969.  These orders show he was assigned to Company B, 2nd Battalion, 1st Infantry, 196th Infantry Brigade.

5.  General Orders Number 12677, issued by the same headquarters, dated
14 December 1969, awarded him the Army Commendation Medal with “V” Device for action on 28 August 1969.  These orders show he was assigned to the same unit in Vietnam.  


6.  He was honorably released from active duty at the expiration of his term of service on 25 August 1970 in the rank/grade of SSG/E-6.  He completed 2 years of active military service with no days of time lost.  His record does not contain any derogatory information or a record of a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  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 with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Bronze Star Medal
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with (M-14 and M-16) Rifle and (M-60) Machinegun Bars

8.  References:

	a.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of his assignment to the 2nd Battalion, 1st Infantry, this unit was cited for award of the:

		(1)  Valorous Unit Award for the period 11 through 31 August 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1972

		(2)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 by DAGO Number 42, dated 1972

	b.  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 four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69, Counteroffensive, 1969 (23 February - 8 June 1969)


* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

   c.  Army Regulation 672-5-1 (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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant’s unit in Vietnam was cited for award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

2.  Evidence of record shows he received "excellent" conduct and efficiency ratings throughout his service.  He was honorably released from active duty at the expiration of his term of service, having attained the rank/grade of SSG/E-6.  There is no evidence of any derogatory information or a commander's disqualification for the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

3.  General orders show he was awarded the Army Commendation Medal with “V” Device; however, his DD Form 214 only reflects the Army Commendation Medal.  It is apparent that an administrative error occurred when this award was entered on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show the Army Commendation Medal with “V” Device.

4.  His DD Form 214 currently reflects the Vietnam Service Medal with two bronze service stars.  However, he participated in a total of four campaign phases in Vietnam.  Therefore, his DD Form 214 should be corrected to show two additional bronze service stars for wear on 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:

	a.  deleting from item 24 of his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal with two bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
26 August 1968 through 25 August 1970; and

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

* Army Commendation Medal with “V” Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* 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)                                         AR20100024214



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ABCMR Record of Proceedings (cont)                                         AR20100024214



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