IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110009509 


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 entitlement to the:

* Valorous Unit Award (VUA)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states:

	a.  he was previously notified he was eligible to receive the VUA and RVN Gallantry Cross with Palm Unit Citation; however, his DD Form 214 was never changed to reflect these awards; and

	b.  he believes he is entitled to the RVN Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant provides a copy of his 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 record shows he was inducted into the Army of the United States on 26 October 1966.  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 20 April 1967 to 14 April 1968 while assigned to Company B, 19th Engineer Battalion.

3.  On 25 October 1968, the applicant was honorably released from active duty after completing 2 years of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 contains the following awards:

* Vietnam Service Medal with three bronze service stars
* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  The applicant's military record contains a DD Form 215 (Correction to the DD Form 214), dated 13 December 2006.  It shows the RVN Gallantry Cross with Palm Unit Citation was added to item 24 of the applicant's DD Form 214.

5.  On 9 September 2009, U.S. Army Human Resources Command (HRC), Alexandria, Virginia, issued Permanent Orders 252-09 announcing award of the VUA to Company B, 19th Engineer Battalion, for extraordinary heroism in action against an armed enemy during the period16 July 1967 to 31 December 1968.

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states that a bronze service star is authorized with this award for participation in each Vietnam campaign a member is credited with.  Appendix B shows that during his service in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It does not show Company B, 19th Engineer Battalion, earned the RVN Civil Actions Honor Medal First Class Unit Citation during the applicant's service in the RVN or at any other time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the VUA, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

2.  The evidence of record confirms the applicant's unit was awarded the VUA subsequent to his active duty service and it was announced in official orders published by HRC on 9 September 2009.  Therefore it would be appropriate to add this unit award to his DD Form 214.

3.  Based on his service and campaign participation in the RVN, he is entitled to four bronze service stars to be affixed to his already-awarded VSM instead of three, as currently reflected on his DD Form 214.  Item 24 of his DD Form 214 should be corrected accordingly.

4.  The evidence of record confirms the RVN Gallantry Cross with Palm Unit Citation was added to the applicant's DD Form 214 when a DD Form 215 was issued on 13 December 2006.  Therefore, this portion of the requested relief requires no further action and will not be discussed further in this proceedings.

5.  Army Pamphlet 672-3, the Army's source document used to establish the eligibility of individual members for unit awards, fails to show the applicant's unit was authorized or awarded the RVN Civil Actions Honor Medal First Class Unit Citation.  As a result, there is no basis upon which to grant this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the VSM with three bronze service stars from item 24 of his DD Form 214,

	b.  adding the VSM with four bronze service stars and VUA to item 24 of his DD Form 214, and

	c.  issuing a correction to his DD Form 214 to reflect these changes.

2.  The Board further determined 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 to the RVN Civil Actions Honor Medal First Class Unit Citation.



      ____________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)                                         AR20110009509



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ABCMR Record of Proceedings (cont)                                         AR20110009509



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