BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110002747 


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) to show the Valorous Unit Award.

2.  The applicant states he was sent orders awarding Battery A, 2nd Battalion, 35th Artillery the Valorous Unit Award, for military operations which occurred on 18 April 1970.  He contends he was wounded on that night and the orders never caught up with him.

3.  He provides his DD Form 214 and General Orders Number 769, issued by Headquarters, U.S. Army Vietnam, dated 3 March 1971.

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 was inducted into the Army of the United States on 8 January1968 and held military occupational specialty 13B (Field Artillery Crewman).

3.  He was assigned to the Republic of Vietnam from 26 October 1968 until on or about 17 April 1970 with Battery A, 2nd Battalion, 35th Artillery, 54th Artillery Group.

4.  The applicant provided General Orders Number 769, issued by the U.S. Army Vietnam, dated 3 March 1971, which show Battery A, 2nd Battalion, 35th Artillery, 54th Artillery was awarded the Valorous Unit Award for military operations conducted on 18 April 1970.  These orders were also found in the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command.

5.  On 27 November 1970 he was retired and placed on the Permanent Disability Retired List.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Good Conduct Medal
* Bronze Star Medal with "V" Device with oak leaf cluster
* Soldier's Medal
* Purple Heart
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Overseas Service Bars (2)
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Qualification Badge with Rifle Bar (M-14)

7.  A review of his military personnel file indicates entitlement to additional awards and decorations not shown on his DD Form 214.

8.  General Orders Number 3339, issued by Headquarters, United States Army Vietnam, dated 1 September 1969, awarded him the Bronze Star Medal, for the period 1 October 1968 to 31 October 1969.

9.  General Orders Number 1976, issued by Headquarters, II Field Force Vietnam, dated 20 May 1970, awarded him the Bronze Star Medal, for the period 1 February 1969 to 30 May 1970.

10.  General Orders Number 2396, issued by Headquarters, II Field Force Vietnam, dated 2 June 1970, awarded him the Bronze Star Medal with "V" device for heroism in connection with military operation against a hostile force on 
18 April 1970.  The issuing organization amended these orders under General Orders Number 4179, dated 19 October 1970, to read Bronze Star with "V" device.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows during his service in Vietnam, the applicant participated in the following six campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)

12.  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 (DAGO) 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.

13.  The same regulation shows the 2nd Battalion, 35th Artillery was cited for the award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 23 June 1966 to15 January 1971 by DAGO 51, dated 1971.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was assigned to Battery A, 2nd Battalion, 35th Artillery, during a period for which the unit was subsequently awarded the Valorous Unit Award.

2.  Further the records show he participated in six campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star for wear on his previously-awarded Vietnam Service Medal.

3.  General Orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his military records to show these awards.

4.  General Orders awarded him a total of three Bronze Star Medals, one of which was for valor.  His DD Form 214 only shows two awards and should be corrected to reflect three Bronze Star Medals.

5.  In view of the above, his request should be granted and his DD Form 214 corrected to show the:

* Valorous Unit Award
* Bronze Star Medal with "V" device and two oak leaf clusters
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class
* One silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal

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 deleting the Bronze Star Medal with "V" device with one oak leaf cluster and 
adding to item 24 of his DD Form 214 the:

* Valorous Unit Award
* Bronze Star Medal with "V" device and two oak leaf clusters
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* One silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal




      _______ _   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)                                         AR20110002747





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ABCMR Record of Proceedings (cont)                                         AR20110002747



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