IN THE CASE OF:	  

		BOARD DATE:	  28 February 2012

		DOCKET NUMBER:  AR20110017014 


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 following awards:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Valorous Unit Award

2.  The applicant states:

* Special Order Number 296, Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, dated 23 October 1967, awarded him Expert Marksmanship Qualification Badge with Rifle Bar 
(M-16)
* he was assigned to the 19th Engineer Battalion, 137th Combat Engineers, while he was in Vietnam which was awarded the Valorous Unit Award

3.  The applicant provides:

* Veterans of Foreign Wars Magazine, May 2011, article extract "Engineers Up Front"
* Special Order Number 296

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 Army of the United States on 20 June 1967.  He completed training and was awarded military occupational specialty 62B (Engineer Equipment Repairman).  The highest rank/grade he attained while on active duty was specialist four/E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following information.

	a.  Item 31 (Foreign Service) shows U.S. Army Pacific-Vietnam for the period 17 November 1967 through 17 January 1969.

	b.  Item 38 (Record of Assignments) shows he was assigned to the 137th Engineer Company, 19th Engineer Battalion, 18th Engineer Brigade, 35th Engineer Group.

	c.  Item 38 also shows he received conduct and efficiency ratings of "excellent" in each of his duty assignments.

4.  Special Order Number 222, Headquarters, U.S. Army Training Center Armor (2018), Fort Knox, KY, dated 10 August 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Special Order Number 296, Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, dated 23 October 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  He was honorably released from active duty on 19 January 1969 after completing 1 year and 7 months of creditable active service.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and two overseas service bars.

7.  A review of the applicant's records shows he is entitled to additional awards.
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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

9.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  The unit to which the applicant was assigned while serving in the Republic of Vietnam was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 70, dated 1969.

12.  Permanent Orders Number 252-09, U.S. Army Human Resources Command, Alexandria, VA, dated 9 September 2009, awarded the Valorous Unit Award to the 137th Engineer Company, the unit to which the applicant was assigned, for the period 16 July 1967 to 31 December 1968.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Valorous Unit Award was carefully considered and determined to have merit.

2.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his records to show this badge.

3.  Permanent orders awarded the unit to which he was assigned the Valorous Unit Award.  Therefore, he is entitled to correction of his records to show this award.

4.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star to be affixed to his previously-awarded Vietnam Service Medal.

5.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by court-martial.  There is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 20 June 1967 through 19 January 1969 and his DD Form 214 should be corrected to show this award.

6.  General orders awarded the unit to which he was assigned the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show this award.

7.  General orders awarded the unit to which he was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this award.









BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 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 20 June 1967 through 19 January 1969,

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

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* one silver service star to his previously-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)                                         AR20110017014



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ABCMR Record of Proceedings (cont)                                         AR20110017014



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