IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100024949 


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, Army Good Conduct Medal, and all other authorized awards and decorations.

2.  The applicant states that he was assigned to the 188th Maintenance Battalion in Vietnam.

   a.  The Valorous Unit Award was awarded to the unit for actions during Operation Junction City from January to July 1967 as an attached unit to the 168th Engineer Battalion, 79th Engineer Group.

   b.  He recently noticed that he was never awarded the Army Good Conduct Medal.  He states his combat service in Vietnam and overall military service qualified him for award of the Army Good Conduct Medal.  

   c.  He adds that he volunteered to serve during Operation Cedar Falls while in Vietnam and may have been assigned or attached to the "Big Red One" 
[1st Infantry Division].  He adds, if his records show he served with the division, he requests any additional awards that he may be authorized.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and an extract of Department of the Army, General Orders (DAGO) Number 1, dated 8 January 1969.

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 U.S. Army on 19 January 1966 for a period of 2 years.  Upon completion of training he was awarded military occupational specialty 52D (Gas Turbine General Repairman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

a. item 31 (Foreign Service) he was assigned overseas to Vietnam on
1 November 1966;

b. item 38 (Record of Assignments) that:

       (1)  he was assigned to the 188th Maintenance Battalion (Direct Support) from 19 November 1966 through 24 October 1967, and

       (2)  he received conduct and efficiency ratings of "excellent" throughout his entire period of active duty;

   c.  Item 39 (Campaigns) the Vietnam Counteroffensive Phase II campaign; and

   d.  item 41 (Awards and Decorations) the:
   
* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar

4.  Headquarters and Main Support Company, 188th Maintenance Battalion (Direct Support), Unit Orders Number 17, dated 1 April 1967, promoted the applicant to specialist four (SP4)/pay grade E-4 (temporary) on 29 March 1967.

5.  Americal Division, Special Orders Number 114, dated 2 October 1967, reassigned the applicant from Headquarters and Main Support Company,
188th Maintenance Battalion, to the U.S. Army Vietnam Returnee Detachment for further assignment to the U.S. Army Transfer Station, Oakland, California.

6.  A DA Form 137 (Installation Clearance Record), dated 21 October 1967, shows the commander rated the applicant's conduct and efficiency as "excellent."

7.  There is no adverse information in the applicant's military service records.  There is also no evidence the applicant's company commander denied him award of the Army Good Conduct Medal.

8.  DAGO Number 1, dated 8 January 1969, awarded the Valorous Unit Award to the 168th Engineer Battalion (Combat), 79th Engineer Group and its attached units, including the Maintenance Detachment, 188th Maintenance Battalion, for extraordinary heroism while engaged in military operations during the period
5 January to 15 July 1967 against hostile forces in War Zone C, War Zone D, and the Iron Triangle in the Republic of Vietnam.

9.  The applicant's DD Form 214 shows he was honorably released from active duty on 27 October 1967 as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  

   a.  He had completed 1 year, 9 months, and 9 days of total active service.  

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal 
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar

10.  A review of the applicant's military personnel records failed to reveal any evidence that he was assigned or attached to the Maintenance Detachment, 188th Maintenance Battalion, or the 1st Infantry Division ("Big Red One").

11.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

12.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show he was awarded any bronze service stars to signify campaign participation credit.

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

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive Phase II  (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III  (1 June 1967- 29 January 1968)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

   a.  Paragraph 6d of this pamphlet shows that DAGO Number 8 (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 to 28 March 1973.

   b.  This pamphlet also shows that at the time of the applicant's assignment to Headquarters and Main Support Company, 188th Maintenance Battalion, only the Maintenance Detachment of the 188th Maintenance Battalion was awarded the Valorous Unit Award for the period 5 January to 15 July 1967 (DAGO 1, 1969).

14.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least
30 consecutive days of the period cited.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service.  This period is
3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Valorous Unit Award, Army Good Conduct Medal, and all other authorized awards and decorations.

2.  Records show the applicant served overseas in the Republic of Vietnam from
1 November 1966 through 27 October 1967 and that he was assigned to Headquarters and Main Support Company, 188th Maintenance Battalion (Direct Support), from 19 November 1966 through 24 October 1967.

   a.  There is no evidence he was assigned to the Maintenance Detachment, 188th Maintenance Battalion, during the period 5 January to 15 July 1967.

   b.  Therefore, he is not entitled to correction of his records to show award of the Valorous Unit Award.

3.  Records show the applicant served a qualifying period of active enlisted service for award of the Army Good Conduct Medal.  He was promoted to SP4 (E-4) with approximately 14 months of active service, he received conduct and efficiency ratings of "excellent" throughout his entire period of active service, and there is no record of any disqualifying information.  Based on the available evidence, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal.

4.  The evidence of record shows:

   a.  the applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in Vietnam.  Thus, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal, and

   b.  general orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit.

5.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his authorized awards and decorations, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 exemplary conduct, efficiency, and fidelity from 19 January 1966 through
27 October 1967;

   b.  deleting from item 24 of his DD Form 214 the "VSM"; and

   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal
(1st Award), Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Valorous Unit Award.  




      __________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)                                         AR20100024949



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ABCMR Record of Proceedings (cont)                                         AR20100024949



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