IN THE CASE OF:	  

		BOARD DATE:  26 January 2012

		DOCKET NUMBER:  AR20110013658 


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.  He states he was a member of Company E, 2nd Battalion, 5th Cavalry Regiment, from 1969 to 1970.  He participated in the Cambodia invasion into the so-called "Fish Hook" area.  At a company reunion this past year he was made aware of his unit's valorous award from 1 May to 29 June 1970 by General Orders (GO) Number 43, dated 1972 [sic].  This award is not listed on his DD Form 214.

3.  He provides his:

* in-country (Vietnam) travel authorization memorandum
* DD Form 214
* Honorable Discharge Certificate
* U.S. Army Reserve (USAR) discharge orders

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 record shows he was inducted into the Army of the United States on 17 June 1968.  He completed training and was awarded military occupational specialty 70A (Clerk).  He served in Vietnam from 14 June 1969 through 10 June 1970 during three campaigns.  He was assigned to:

* Headquarters and Headquarters Company, 2nd Battalion, 5th Cavalry, 1st Air Cavalry Division – 18 June to 13 July 1969
* Company E, 2nd Battalion, 5th Cavalry, 1st Air Cavalry Division – 14 July 1969 to 6 June 1970

3.  GO Number 15581 issued by Headquarters, 1st Cavalry Division (Airmobile), on 8 December 1969 awarded him the Army Commendation Medal with "V" Device for heroism in Vietnam on 7 November 1969.

4.  GO Number 6829 issued by Headquarters, 1st Cavalry Division (Airmobile), on 30 April 1970 awarded him the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service in Vietnam from June 1969 to June 1970.

5.  He was honorably released from active duty for early separation on 11 June 1970 in pay grade E-4 and he was transferred to the USAR Control Group (Reinforcement).  He was credited with completing 1 year, 11 months, and 25 days of service with no lost time.

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

* Combat Infantryman Badge
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* three overseas service bars
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Records) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

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 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.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

10.  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 his unit, 2nd Battalion, 5th Cavalry, was cited for award of the:

* Valorous Unit Award for the period 1 May to 29 June 1970 by Department of the Army GO Number 43, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1960 to February 1970 by Department of the Army GO Number 11, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant's unit in Vietnam the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  General orders also awarded him the Army Commendation Medal with "V" Device and Army Commendation Medal with 1st Oak Leaf Cluster.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of record indicates he met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons it was not awarded.  He received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions against the applicant or a commander's disqualification for this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 17 June 1968 through 11 June 1970 and his DD Form 214 should be corrected to show this award.

4.  He participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these bronze service stars.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 June 1968 through 11 June 1970,

	b.  deleting the Vietnam Service Medal and Army Commendation Medal from item 24 of his DD Form 214, and

	c.  adding the following awards to item 24 of his DD Form 214:

* Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* 
Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110013658



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ABCMR Record of Proceedings (cont)                                         AR20110013658



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