IN THE CASE OF:	  

		BOARD DATE:	17 April 2012

		DOCKET NUMBER:  AR20110020540 


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:

* he would like to receive the Valorous Unit Award that was given to the 15th Engineer Company
* he left the service in May 1970 and the award was authorized after he was released from active duty
* he was at Dak To during the time the award was authorized and he deserves to receive it
* he did not know his unit received the award until he located former unit members
* he was at Dak To, with the 15th Engineer Company, from October 1968 to October 1969 – he was one of the "Dak To Defenders"

3.  The applicant provides his DD Form 214 and General Orders Number 839, Headquarters, U.S. Army Vietnam, dated 8 April 1970.

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 13 May 1968.  He completed training and was awarded military occupational specialty 62J (General Construction Machine Operator).  

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 9 October 1968 to on or about 6 October 1969, during which time he was assigned to the 15th Engineer Company, 937th Engineer Group (Combat), U.S. Army Vietnam.  

4.  General Orders Number 839, Headquarters, U.S. Army Vietnam, dated 8 April 1970, awarded elements of the 299th Engineer Battalion (Combat), and attached units including the 15th Engineer Company, the Valorous Unit Award for the period 9 May 1969 through 1 July 1969.

5.  On 12 May 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he completed 2 years of total active service, including 11 months and 28 days of foreign service.  The highest rank/grade he attained while serving on active duty was specialist five/E-5.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Valorous Unit Award among his authorized awards.  

7.  A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.

8.  There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal; however, there is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he consistently received "excellent" conduct and efficiency ratings throughout his service.  

10.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between   1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Army Good Conduct Medal.
 
11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 year period of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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 member must have had all "excellent" conduct and efficiency ratings, and there must have been no convictions by court-martial.

12.  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 the applicant's unit of assignment in the Republic of Vietnam, the 15th Engineer Company, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:  

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded the Valorous Unit Award.

2.  General orders awarded his unit of assignment in the Republic of Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  He served on active duty from 13 May 1968 through 12 May 1970.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his service, and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service.  There is no evidence of a commander's disqualification statement pertaining to his first award of the Army Good Conduct Medal; therefore, he should be awarded the Army Good Conduct Medal (1st Award), for the period 13 May 1968 through 12 May 1970, and his DD Form 214 should be corrected to show this award.

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   13 May 1968 through 12 May 1970; and

   b. Amending his DD Form 214 to add the Army Good Conduct Medal (First Award), the Valorous Unit Award, and the 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)                                         AR20100028570



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ABCMR Record of Proceedings (cont)                                         AR20110020540



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