IN THE CASE OF:	   

		BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110009855 


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 records to show award of the Army Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, Combat Action Ribbon, Valorous Unit Award, and two Overseas Service Bars.

2.  The applicant states he was assigned to the 137th Engineer Company (Light Engineers) in the Republic of Vietnam (RVN) in 1970.  He recently learned his unit was awarded the Valorous Unit Award and that the Combat Action Ribbon was authorized for award retroactively to 7 December 1941.  He is also entitled to two Overseas Service Bars and the Army Good Conduct Medal for his service.

3.  The applicant provides copies of several documents from his military personnel records related to his entrance into military service, his DA Form 20 (Enlisted Qualification Record), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), two unit reports, and award criteria documents.

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 U.S. Army on 30 April 1969.  He was awarded military occupational specialty 62E (Crawl Tractor Operator).

3.  The applicant's DA Form 20 shows in:

   a.  item 31 (Foreign Service):  Vietnam from 21 October 1969 through his Expiration of Term of Service (ETS);

   b.  item 38 (Record of Assignments) he was assigned to the:

	    (1)  137th Engineer Company (Light Engineers) from 25 October 1969 through 5 November 1970; and

       (2)  he received "excellent" conduct and efficiency ratings throughout his period of service, except for the period from 16 March through 5 November 1970 when he received "good" conduct and efficiency ratings;

	c.  item 41 (Awards and Decorations):  National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, Expert Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  A DA Form 137 (Installation Clearance Record) shows the applicant was favorably recommended for award of the Good Conduct Medal upon his departure from the 137th Engineer Company (Light Engineers) on 6 November 1970.

5.  A DD Form 214 shows the applicant entered active duty on 30 April 1969, was honorably released from active duty on 11 November 1970, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  He completed 1 year, 6 months, and 12 days of net active service that included 1 year and 20 days of foreign service.  It shows in:

   a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, one Overseas Service Bar, and Republic of Vietnam Campaign Medal with Device (1960); and

   b.  item 26a (Non-Pay Periods Time Lost):  "None."

6.  The applicant's DA Form 20 shows he was authorized award of the Vietnam Service Medal and that he participated in one campaign.

   a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

   b.  Table B-1 of Army Regulation 600-8-22 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam from
21 October 1969 to 5 November 1970, participation credit was awarded for the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

   a.  at the time of the applicant's assignment to the 137th Engineer Company (Light Engineers), the company was awarded the:

* Meritorious Unit Commendation for the period 1 August 1969 to
3 February 1970 by Department of the Army General Orders (DAGO) Number 1 (1971)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 29 October to 11 November 1970 by DAGO Number 5 (1973) and for the period 3 May 1970 to 30 April 1971 by DAGO Number 6 (1974)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 8 (1974):  Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

   b.  The pamphlet does not show award of the Valorous Unit Award to the company.

8.  Department of the Army, U.S. Army Human Resources Command, Alexandria, Virginia, Permanent Orders 252-09, dated 9 September 2009, awarded the Valorous Unit Award to the 137th Engineer Company for extraordinary heroism in action in the RVN during the period 16 July 1967 to
31 December 1968.

9.  In support of his application, the applicant provides the following documents.

   a.  Operational Report of the 39th Engineer Battalion (Combat) for the period 1 November 1969 through 31 January 1970; three photographs; DA Form 1594 (Daily Staff Journal and Duty Officer's Log), dated 5 May 1970; magazine article ("Engineers Out Front in Every War," Veterans of Foreign Wars, March 2011 edition), and Staten Island Real Time News Internet article, dated 30 May 2010. These documents, in pertinent part, describe operations the 137th Engineer Company (Light Engineers) participated in during the identified periods and show the 137th Engineer Company (Light Engineers), as part of the 19th Engineer Battalion, received the Valorous Unit Award in May 2010 for service in the RVN from mid-1967 to the end of 1968.

   b.  Commandant, Marine Corps, Washington, DC, message, date-time group 260729Z June 2006, subject:  Announcement of Changes to the Eligibility Criteria for the Combat Action Ribbon and ArmyAwards.com, Combat Action Ribbon article that, in pertinent part, provide criteria for retroactive award of the ribbon.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  Army Regulation 670-1 (Uniforms and Insignia) prescribes the authorization for wear, composition, and classification of uniforms, and the occasions for
wearing all personal, optional, and commonly worn organizational Army uniforms.

	a.  Unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

	b.  The requirements for the Oversea Service Bar show that a bar is authorized for wear for each period of active Federal service outside of the continental United States for the specific timeframes and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

12.  Department of Defense Instruction 1348.33 (Military Awards Program) states the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy (USN), the U.S. Marine Corps (USMC), and the U.S. Coast Guard (USCG) operating under the control of the USN in the grade of O-6 and below who have actively participated in ground or surface combat.  An individual who earned the Combat Infantryman Badge in the U.S. Army may be authorized to wear the Combat Action Ribbon as a member of the USN, USMC, or USCG.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Army Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, Combat Action Ribbon, Valorous Unit Award, and two Overseas Service Bars.

2.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 30 April 1969 to 11 November 1970.

   a.  He received "excellent" conduct and efficiency ratings during his service, except for the period from 16 March through 5 November 1970.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   c.  The applicant was recommended for award of the Army Good Conduct Medal (1st Award) at the time of his separation processing.

   d.  The Director, NPRC, authorized award of the Army Good Conduct Medal to the applicant on 18 June 2009.

   e.  Therefore, based on the available evidence, it would be appropriate to award the applicant this medal.

3.  Records show the applicant participated in four campaigns during his service in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  During the applicant's assignment to the 137th Engineer Company (Light Engineers), general orders awarded the unit the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  Permanent orders awarded the 137th Engineer Company (Light Engineers) the Valorous Unit Award for the period 16 July 1967 to 31 December 1968.  The applicant was not assigned or attached to the unit during the period of the award.  Therefore, he is not entitled to correction of his records to show the unit award.

6.  Records show the applicant served in the RVN for a period of 12 consecutive months.  Therefore, he is authorized two Overseas Service Bars for wear on his Army uniform.

7.  The Combat Action Ribbon is a Department of the Navy award that is not applicable to the applicant.

8.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations as recommended below.

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
30 April 1969 through 11 November 1970;

   b.  deleting all of the awards from item 24 of his DD Form 214; and
   
   c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 2 Overseas Service Bars

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 to the Valorous Unit Award and the Combat Action Ribbon.  




      _______ _   __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)                                         AR20110009855



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ABCMR Record of Proceedings (cont)                                         AR20110009855



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