IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20110000809
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 award of the Valorous Unit Award (VUA).
2. The applicant states he just received the orders for the award.
3. The applicant provides copies of:
* his DD Form 214
* two DA Forms 305-3 (Personnel Roster)
* Permanent Orders 252-09 issued by the U.S. Army Human Resources Command, Alexandria, VA, dated 9 September 2009
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 records show he enlisted in the Regular Army on 10 January 1966.
3. His DA Form 20 (Enlisted Qualification Record) shows:
* item 31 (Foreign Service) Republic of Vietnam (RVN) from 11 April 1967 to 7 April 1968
* item 38 (Record of Assignments):
* Company C, 589th Engineer Battalion, from 11 April 1967 to 19 November 1967
* 137th Engineer Company (Light) from 20 November 1967 to 10 April 1968
* "excellent" conduct and efficiency ratings
4. Permanent Orders 252-09, U.S. Army Human Resources Command, dated 9 September 2009, show the 137th Engineer Company was awarded the VUA for the period 16 July 1967 to 31 December 1968.
5. His DD Form 214 shows he:
a. was honorably released from active duty;
b. completed 2 years, 11 months, and 11 days of active service; and
c. was awarded or authorized the National Defense Service Medal, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16), Vietnam Service Medal (VSM), RVN Campaign Medal, and two overseas service bars.
6. A review of his records indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.
7. 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 the 589th Engineer Battalion was cited for award of the Meritorious Unit Commendation (MUC) for the period 29 April 1967 to 31 December 1967 by Department of the Army General Orders Number 43, dated 1968.
8. Department of the Army Pamphlet 672-3 also shows the RVN Gallantry Cross with Palm Unit Citation was awarded to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973 by Department of the Army General Orders Number 8, dated 1973.
9. Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for the Vietnam Conflict. Based on his period of service in the RVN, he participated in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns. This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was assigned to a unit that was awarded the VUA, MUC, and the RVN Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2. Records show he participated in four campaigns during his service in the RVN. Therefore, he is eligible for award of four bronze service stars to be worn on his already-awarded VSM.
BOARD VOTE:
__X_____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 VSM from his DD Form 214;
b. adding the VSM with four bronze service stars, VUA, MUC, and RVN Gallantry Cross with Palm Unit Citation to his DD Form 214; and
c. providing him a document to show the above corrections.
___________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) AR20110000809
2
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