IN THE CASE OF:	  

		BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130002156 


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 records to show award of the:

* Army Good Conduct Medal (1st Award)
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states:

* a Department of Veterans' Affairs representative informed him of the award and decorations
* he was a member of the 140th Transportation Detachment, 1st Aviation Brigade and the 117th Assault Helicopter Company, 165th Combat Aviation Group, 1st Aviation Brigade, while assigned in Vietnam 

3.  The applicant provides:

* Self-authored statements
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)



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 enlisted in the Regular Army on 11 September 1967.  He completed training and was awarded military occupational specialty 68B (Aircraft Turbine Engine Repairman).

3.  He served in Vietnam from 5 May 1968 to 4 May 1969 and was assigned as follows:

* 140th Transportation Detachment during the period 10 May 1968 to 21 January 1969
* 117th Assault Helicopter Company (117th Aviation Company), from 22 January 1969 to 2 May 1969

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

* Item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings throughout his service
* Item 41 (Awards and Decorations):

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 Overseas Service Bars

5.  On 19 June 1970, he was honorably released from active duty in the rank of Specialist Four after completing 2 years, 9 months, and 9 days of total active service with no lost time.  His DD Form 214 shows award of the following:

* National Defense Service Medal
* 2 Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars 
(M-14) and (M-16)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

6.  There is no evidence of any derogatory information or a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  

7.  Army Regulation 672-5-1 (Decorations and 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 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.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

	b.  The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

	c.  The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.  

	d.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation was awarded to certain units by the Vietnamese government for meritorious service during the period 1 March 1961 to 28 March 1974.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

   a.  This pamphlet shows Department of the Army General Orders (DAGO) awarded the following:

* 140th Transportation Detachment, Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 46, dated 1969, for the period 27 March 1967 to 18 May 1968
* 117th Assault Helicopter Company, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 55, dated 1971, for the period 1 May 1969 to 15 May 1970

   b.  This pamphlet also shows award of the Valorous Unit Award and Meritorious Unit Commendation to the 140th Transportation Company during periods the applicant was not assigned to the unit.  It also shows award of the Presidential Unit Citation and Valorous Unit Award to the 117th Assault Helicopter Company during periods the applicant was not assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during the period 11 September 1967 through 19 June 1970.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

2.  The units to which he was assigned in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the 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 unit awards.

3.  Although the units to which the applicant was assigned were awarded the Presidential Unit Citation, Valorous Unit Award, and the Meritorious Unit Commendation, these unit awards were not awarded for periods the applicant was assigned to the unit.  Therefore, he is not entitled to these requested unit awards or correction of his DD Form 214 to show these unit 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 11 September 1967 through 19 June 1970; and

	b.  adding to his DD Form 214 the:

		*	Army Good Conduct Medal
		*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
   *	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 Presidential Unit Citation, Valorous Unit Award, and Meritorious Unit Commendation.



      _______ _   __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)                                         AR20130002156



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ABCMR Record of Proceedings (cont)                                         AR20130002156



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