BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20100028640 


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 that the Valorous Unit Award and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation be added to his DD Form 214 (Report of Transfer or Discharge from Active Duty).

2.  The applicant states the orders authorizing these awards were issued after his separation.

3.  The applicant provides copies of his DD Form 214; Department of the Army Permanent Orders 252-09, dated 9 September 2009; and the official Lineage and Honors for the 137th Engineer Company. 

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 enlisted in the Regular Army on 2 July 1968.  He completed training as an engineer, and he was deployed to Vietnam and served with the 137th Engineer Company from 3 December 1968 to 10 December 1969.

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

	a.  item 33 (Appointments and Reductions) – promotion to specialist five 
(E-5) on 18 December 1970;

   b.  item 39 (Campaigns) – Counteroffensive Phase VI, Tet 69 Counteroffensive 1969, Summer-Fall 1969, and Winter-Spring 1970 campaigns; and

	c.  item 41 (Awards and Decorations) – National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960) two Overseas Service Bars, Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with .45 Caliber Pistol Bar.

4.  He was separated from active duty on 1 July 1971 and transferred to the U.S. Army Reserve in pay grade E-5 with an honorable characterization of service.

5.  His DD Form 214 shows his authorized awards as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, two Overseas Service Bars, Army Commendation Medal, and the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar.

6.  Department of the Army Permanent Order Number 252-09, dated 9 September 2009, awarded several engineer units the Valorous Unit Award.  The applicant's 137th Engineer Company received the award for the period 16 July 1967 through 31 December 1968.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows the 137th Engineer Company was awarded the Meritorious Unit Commendation for the period 1 August 1969 through 3 February 1970 by Department of the Army General Order Number 2 of 1971 and that all units that served in Vietnam were authorized the RVN Gallantry Cross with Palm unit Citation by DAGO Number 8 of 1974.

8.  Army Regulation 600-8-22 (Military Awards):

   a.  lists the precedence of various types of awards.  Generally, precedence runs from personal decorations, through unit awards, to service medals, then foreign awards in the same order, and finally to qualification badges; and 

   b. states the  Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign period.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the Valorous Unit Award and the RVN Gallantry Cross with Palm Unit Citation be added to his DD Form 214.

2.  The applicant's Vietnam unit was awarded the Valorous Unit Award, Meritorious Unit Commendation, and the RVN Gallantry Cross with Palm Unit Citation for periods that coincided with his tour of duty.

3.  His service in Vietnam spanned parts of four campaign periods.  He is authorized four bronze service stars.

4.  His qualification as a sharpshooter with the .45 caliber pistol is not shown on his DD Form 214.

5.  The above awards should be shown the applicant's DD Form 214.

6.  Some of the awards listed on his DD Form 214 are misnamed or incomplete and they are not listed in proper order of precedence.  They should be.

7.  It would be appropriate to correct the records as recommended below.

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 the awards shown on his DD Form 214 and 
   
   b.  showing that his authorized awards are the Army Commendation Medal, Valorous Unit Award, Meritorious Unit Commendation, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, RVN Gallantry Cross with Palm Unit Citation, RVN Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with (.45) Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.  



      _________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)                                         AR20100028640





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ABCMR Record of Proceedings (cont)                                         AR20100028640



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