IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100028551 


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 the Valorous Unit Award.

2.  The applicant did not make any statement.

3.  He provides his DD Form 214 and Permanent Orders 252-09, dated
9 September 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 4 January 1966 for a period of 3 years.  He was honorably released from active duty on 9 December 1968 by reason of early release of an overseas returnee.  He completed 2 years,
11 months, and 6 days of total active service.

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

* item 31 (Foreign Service) he served in Vietnam from 2 May 1967 through 25 April 1968
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with the 137th Engineer Company from 2 May 1967 through 5 June 1968
* item 38 he received "excellent" conduct and efficiency ratings throughout his service


* item 41 (Awards and Decorations) he was awarded:

* the National Defense Service Medal
* the Vietnam Service Medal
* the Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the same awards as listed on DA Form 20, except for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  Permanent Orders 252-09, issued by the U.S. Army Human Resources Command, Alexandria, VA, dated 9 September 2009, show the 137th Engineer Company was awarded the Valorous Unit Award for the period 16 July 1967 to 31 December 1968.

5.  Review of his record indicates entitlement to additional awards and decorations not shown on his DD Form 214.

6.  The record does not show he was awarded the Army Good Conduct Medal.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the Army Good Conduct Medal.

7.  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.

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, the applicant participated in the following four 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 - 30 June 1968)

9.  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.  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 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to the 137th Engineer Company during a period for which the unit was subsequently awarded the Valorous Unit Award.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  Records show he received all "excellent" conduct and efficiency ratings during his service.  He was not the subject of any disciplinary actions and there is no record of a commander's disqualification for the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.

3.  Records show he participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this marksmanship badge.

5.  He served in a unit subordinate to U.S. Army Vietnam during a period for which the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.


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 Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 January 1966 through 9 December 1968; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* 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)                                         AR20100028551



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ABCMR Record of Proceedings (cont)                                         AR20100028551



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