IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110022791
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
* A computer printout of the Valorous Unit Award
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 31 January 1969 and he held military occupational specialty 52B (Power Generation Equipment Operator/Repairer).
3. He served in Vietnam from 6 July 1969 to 5 September 1970. He was assigned to Company D, 1st Battalion, 61st Infantry, 5th Infantry Division.
4. He was honorably released from active duty in the rank/grade of private first class/E-3 on 5 September 1970. His DD Form 214 lists the following awards:
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Vietnam Campaign Medal
* Two Overseas Service Bars
* Army Commendation Medal
5. Department of the Army General Orders (DAGO) Number 52, dated 1974, awarded 1st Battalion, 61st Infantry, the Valorous Unit Award for service from
11 to 15 November 1969.
6. DAGO Number 8, dated 1974, awarded the U.S. Military Assistance Command and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 197.
7. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:
* 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
* Vietnamese Counteroffensive Phase VII; 1 July 1970 - 30 June 1971
DISCUSSION AND CONCLUSIONS:
1. DAGO awarded his unit the Valorous Unit Award and 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.
2. He was awarded the Vietnam Service Medal and he participated in four campaigns while serving in Vietnam; therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 adding the following awards to his DD Form 214:
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars to be affixed to his already-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) AR20110022791
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110022791
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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