BOARD DATE:	25 October 2012

		DOCKET NUMBER:  AR20120008050


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, pursuant to Permanent Orders 252-09, issued by Headquarters, Department of the Army.

2.  The applicant states his record is incomplete.

3.  The applicant provides his DD Form 214.

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 12 October 1966.  He completed training and was awarded military occupational specialties 76A (Supplyman) and 76Q (Special Purpose Materiel Supply Specialist).  The highest rank/grade he attained during his period of military service was specialist four/E-4.

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 18 August 1967 to 12 August 1968, during which time he was assigned to Headquarters and Headquarters Company, 19th Engineer Battalion (Combat).  

4.  On 12 August 1968, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve.  The DD Form   214 he was issued shows he completed 1 year, 10 months, and 1 day of total active service, including 11 months and 24 days of foreign service in the U.S. Army Pacific (USARPAC) theater of operations.  This form shows he was awarded the following awards during his period of active service:

* National Defense Service Medal, identified as the NDSM
* Vietnam Service Medal, identified as the VSM
* Republic of Vietnam Campaign Medal with Device (1960), identified as the VCM
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), identified as the MKM (M-14)
* Two Overseas Service Bars

5.  Permanent Orders 252-09, issued by U.S. Army Human Resources Command, Fort Knox, KY, dated 9 September 2009, awarded elements of the 19th Engineer Battalion the Valorous Unit Award for the period 16 July 1967 through 31 December 1968.

6.  As a related issue, a review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214.

7.  There is no indication in his available record that shows he was awarded the first award of the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ).

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 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, and he/she could not have been convicted by court-martial.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following 4 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 1968-1 November 1968)

10.  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 19th Engineer Battalion, 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.  Permanent orders and 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, respectively, 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 12 October 1966 through 12 August 1968.   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 this medal; therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 12 October 1966 through 12 August 1968, and his DD Form 214 should be corrected to show this medal.

4.  He participated in 4 campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to 4 bronze service stars for wear on his previously-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these 4 bronze service stars.

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   12 October 1966 through 12 August 1968;

   b. deleting the VSM from his DD Form 214; and 
   
   c.  adding the Army Good Conduct Medal (1st Award), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with 4 bronze service stars to his DD Form 214.



      _______ _ _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)                                         AR20120008050



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