IN THE CASE OF:	  
		BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120003939 


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 award of the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

2.  He states these awards were issued for his and his unit's actions during the Vietnam time period.

3.  He provides his DD Form 214; Headquarters, Department of the Army General Orders (DAGO) Number 5, dated 27 January 1969; and a page from the Department of the Army Pamphlet 672-3, dated 29 January 1968 (Unit Citation and Campaign Participation Credit Register).

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 22 May 1967.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service), he served in Vietnam from 22 October 1967 to 28 February 1968.

   b.  item 38 (Record of Assignments), he performed the duties of a Rifleman while assigned to Company E, 4th Battalion, 39th Infantry Regiment, 9th Infantry Division in Vietnam from 28 October 1967 to 20 February 1968.
   
   c.  item 38, he received "excellent" conduct and efficiency ratings throughout his active service.

4.  He was promoted to specialist four (SP4)/E-4 on 21 November 1968.

5.  He was released from active duty on 21 May 1969 in the rank of SP4.  He completed 2 years creditable active service with no lost time.  His service record does not indicate he was disqualified by his commander for the Army Good Conduct Medal (1st Award).  

6.  His DD Form 214 indicates award of the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 
* First Class Gunner Qualification Badge with Machine Gun Bar (M-60)

7.  He provided the following documents which indicate:

	a.  Headquarters, DAGO Number 5, dated 27 January 1969, awarded the Valorous Unit Award to the 2nd Battalion (Mechanized), 47th Infantry Regiment 


and its attached unit, Company B, 4th Battalion, 39th Infantry Regiment for military operations on 31 January 1968.

	b.  Department of the Army Pamphlet 672-3, dated 29 January 1968 (page 33), notes the 4th Battalion, 39th Infantry Regiment, was cited for award of the:

   (1)  Valorous Unit Award for the period 6 to 12 May 1968 by DAGO Number 43, dated 1970.
   
   (2)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by DAGO Number 31, dated 1969.
   
   (3)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969.

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.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  Headquarters, DAGO Number 5, dated 27 January 1969, shows the Valorous Unit Award was awarded to the Company B, 4th Battalion, 39th Infantry Regiment for military operations on 31 January 1968.  However, the evidence of record shows the applicant was assigned to Company E of this unit during the Vietnam War.  

2.  Department of the Army Pamphlet 672-3 awarded the Valorous Unit Award to the 4th Battalion of the 39th Infantry Regiment for the period 6 to 12 May 1968.  However, the applicant was not in Vietnam during this period.  

3.  His service record is void of evidence which indicates he was assigned to Company B of the 4th Battalion, 39th Infantry during a period it was cited for 


award of the Valorous Unit Award.  Therefore, he is not eligible for correction of his DD Form 214 to show award of the Valorous Unit Award.

4.  It appears he met the regulatory requirements for the Army Good Conduct Medal (1st Award) for a qualifying period of service from 22 May 1967 to 21 May 1969.  His service record shows he received all "excellent" conduct and efficiency ratings, numerous awards, and he was promoted to SP4 during his tenure on active duty.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  He was assigned to a unit in Vietnam during a period the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 22 May 1967 to 21 May 1969; and 

	b.  amending his DD Form 214 by adding award of the Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to award of the Valorous Unit Award.  



      _______ _   _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)                                         AR20120003939





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ABCMR Record of Proceedings (cont)                                         AR20120003939



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