IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100028808 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Valorous Unit Award. He also requests issuance of a Bronze Star Medal with "V" Device.

2.  He states the Valorous Unit Award is not listed on his DD Form 214 and he never received the Bronze Star Medal with "V" Device.

3.  He provides:

* Permanent orders for the Valorous Unit Award
* 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 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's military records show he was inducted into the Army of the United States on 1 July 1966.  He completed training and was awarded military occupational specialty 12B (Combat Engineer). He served in Vietnam from 16 February 1967 through 28 March 1968, during four campaigns.  He was assigned to Headquarters and Headquarters Company (HHC), 19th Engineer Battalion, 18th Engineer Brigade.

3.  A Letter of Transmittal, dated 18 January 1968, shows Headquarters, 19th Engineer Battalion, recommended approval for award of the Bronze Star Medal with "V" Device to him.  The narrative description stated, "on 19 April 1967 while serving in the Reconnaissance Section the applicant distinguished himself by exceptionally valorous actions while exposed to hazards in connection with military operations against a hostile force in Vietnam."  His records are void of any orders for the Bronze Star Medal with "V" Device.

4.  General Order Number 66 issued by the same headquarters, on 2 February 1968, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against  a hostile force in Vietnam on 19 April 1967.

5.  General Orders Number 364 issued by Headquarters, 18th Engineer Brigade, on 1 May 1968, awarded him the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service from 16 February 1967 through 25 March 1968.

6.  He provided a copy of Permanent Orders 252-09 issued by the U.S. Army Human Resources Command on 9 September 2009 citing award of the Valorous Unit Award to members of HHC, 19th Engineer Battalion, for the period 6 July 1967 through 13 December 1968.

7.  He was honorably released from active duty, in pay grade E-5, on 30 March 1968, as an overseas returnee, and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

8.  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
* Republic of Vietnam Campaign Medal with Device 1960
* Army Commendation Medal with "V" Device
* Bronze Star Medal with "V" Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Two overseas service bars
9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Records) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

10.  Item 41 (Awards and Decorations) of his DA Form 20 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Army Commendation Medal with "V" Device

11.  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 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.

12.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows his unit, HHC, 18th Engineer Brigade was cited for award of the Meritorious Unit Commendation for the period 1 January 1967 - 29 February 1968, by Department of the Army General Orders (DAGO) Number 55, dated 1968.

14.  DAGO Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross, with Palm Unit Citation to all units assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant's unit in Vietnam the:

* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  The evidence of record indicates he met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this award.  He received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions against the applicant or a commander's disqualification for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 1 July 1966 through 30 March 1968 and correction of his DD Form 214 to show this award.

3.  He participated in four campaigns while serving 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.  During the processing of this case, it was confirmed general orders awarded him the Army Commendation Medal with 1st Oak Leaf Cluster.  Therefore, he is also entitled to correction of his DD Form 214 to show this award.

5.  It appears the recommendation for award of the Bronze Star Medal with "V" Device was downgraded to the Army Commendation Medal with "V" Device by the issuance of general orders on 2 February 1968 for his heroism in Vietnam on 19 April 1967, the same date cited for the recommendation of the Bronze Star Medal with "V" Device.  Therefore, it is reasonable to understand this is why he was not issued a Bronze Star Medal with "V" Device.  However, it is the policy of this Board to not disadvantage an applicant by making the situation any worse off by deleting the Bronze Star Medal with "V" Device from his DD Form 214.  

6.  In accordance with pertinent regulations, request for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served.  For Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO  63132-5100.  Once verified, the replacement medals and 

devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry (PSID). P.O. Box 57997, Philadelphia, PA  19111.

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.  deleting from Item 24 of the applicant's DD Form 214 the Vietnam Service Medal and Army Commendation Medal with "V" Device;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
1 July 1966 through 30 March 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
* Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented was 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 issuance of a Bronze Star Medal with "V" Device.  




      _______ _   _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)                                         AR20100028808





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ABCMR Record of Proceedings (cont)                                         AR20100028808



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