IN THE CASE OF:
BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110019703
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 the award is not listed on his DD Form 214.
3. The applicant provides:
* DD Form 214
* General Orders (GO) Number 839, dated 8 April 1970
* Clinical Record Consultation Sheet
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 records show he enlisted in the Regular Army on 5 November 1968 and he held military occupational specialty 62K (Grader Operator). He served in Vietnam from 17 April 1969 to 31 March 1970. He was assigned to the 15th Engineer Company, 18th Engineer Brigade.
3. Headquarters, 18th Engineer Brigade, published GO Number 290, dated 11 April 1970, awarding him the Army Commendation Medal for meritorious service from 16 April 1969 to 16 April 1970.
4. He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 4 November 1971. His DD Form 214 lists the following awards:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with three bronze service stars
* Purple Heart
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
5. GO Number 839 issued by Headquarters, U.S. Army Vietnam, dated 8 April 1970, awarded the 15th Engineer Company the Valorous Unit Award for heroism from 9 May 1969 to 1 July 1969.
6. A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.
7. A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service.
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam, the 15th Engineer Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army GO Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. GO awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his records to show this award.
2. GO awarded his unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
3. He served honorably during the period 5 November 1968 through 4 November 1971. He attained the rank of SP5/E-5, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his military service. Absent any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service and add this medal to his DD Form 214 at this time.
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:
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 November 1968 through 4 November 1971
* adding the following awards to his DD Form 214:
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* 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) AR20110019703
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ABCMR Record of Proceedings (cont) AR20110019703
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