IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110000745 


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) for the period ending 4 April 1968 to show award of the:

* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Commander’s Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states that he did not know he was eligible for the above awards until he was informed by a fellow former Soldier that served with him in the Republic of Vietnam (RVN).

3.  He provides:

* a DD Form 214
* Headquarters, 20th Engineer Brigade, General Orders Number 548, dated 12 May 1968
* Headquarters, U.S. Army Vietnam General Orders Number 701, dated 17 March 1970


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 21 June 1966.  He successfully completed basic and advanced individual training and he was awarded military occupational specialty 64B (Heavy Truck Driver).

3.  On 11 April 1967, he arrived in the RVN with D Company, 34th Engineer Battalion (Construction).  He was reassigned to the 104th Engineer Company, Dump Truck (DT), on 10 August 1967.  

4.  Headquarters, 20th Engineer Brigade, General Orders Number 548, dated 12 May 1968 shows the 104th Engineer Company DT was awarded the Commander’s Unit Commendation for exceptional meritorious conduct during the period 8 December 1967 through 18 February 1968.

5.  On 3 April 1968, he departed the RVN.  He was honorably discharged on 4 April 1968, in the rank/grade of specialist four (SP4)/E-4, after completing 1 year, 9 months, and 14 days of total active service with no time lost.

6.  The applicant's DD Form 214 for the ending period 4 April 1968 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his tenure of service.

8.  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.  

9.  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 that at the time of the applicant's assignment to the 34th Engineer Battalion, it was cited for award of the Meritorious Unit Commendation during the period 2 May 1967 through 31 May 1968 based on Department of the Army General Orders (DAGO) 39, dated 1970.

10.  Department of the Army Pamphlet 672-3 also shows that the 104th Engineer Company (DT) was awarded:

* Valorous Unit Award during the period 18 November 1967 through 23 February 1968 based on DAGO 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period January 1966 through August 1968 based on DAGO 48, dated 1971
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period 3 August 1967 through 9 February 1970 based on DAGO 43, dated 1970

11.  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 three 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  1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968) 

12.  Army Regulation 600-8-22 prescribes Army policy and procedures for military awards.  It does not list the Commander’s Unit Commendation as an authorized award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to units during a period of time these units were awarded:

* the Meritorious Unit Commendation
* the Valorous Unit Award
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  Furthermore, his participation in four campaigns makes him eligible for four bronze service stars to be worn on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be amended to add these unit awards and service stars.

3.  The applicant was honorably discharged in the rank/grade of SP4/E-4 with 1 year, 9 months, 14 days of total active service with no time lost.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 21 June 1966 through 4 April 1968 based on completion of a period of qualifying service.  Therefore, he is entitled to award of the 1st award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

4.  The Commander’s Unit Commendation is not listed in Army Regulation 
600-8-22 as an authorized award; therefore, it may not be entered on the DD Form 214.

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 him the Army Good Conduct Medal (1st Award) for the period 21 June 1966 through 4 April 1968; and

	b.  adding to item 24 of his DD Form 214 for the period ending 4 April 1968:

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars to be added to his already-awarded Vietnam Service Medal

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 adding to his DD Form 214 the Commander’s Unit Commendation.



      ________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)                                         AR20110000745





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ABCMR Record of Proceedings (cont)                                         AR20110000745



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