IN THE CASE OF:  

		BOARD DATE: 10 September 2013 

		DOCKET NUMBER:  AR20130003428


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 two awards of the Valorous Unit Award (VUA).

2.  The applicant states he was assigned to Company B, 4th Battalion,
39th Infantry in Vietnam and that unit was twice cited for award of the VUA.  A Department of the Army General Order (DAGO), dated 27 January 1969, awarded the VUA for actions on 31 January 1968 and a DAGO, dated 4 May 1970, awarded the VUA for actions for the period 6-12 May 1968.

3.  The applicant provides:

* General Orders Number 1048, issued by Headquarters, U.S. Army Vietnam, dated 4 May 1970
* DAGO Number 5, dated 27 January 1969
* DAGO Number 59, dated 25 September 1969
* Special Orders Number 206, issued by Seventh Army Support Command, dated 19 September 1967
* Certificate of Combat Service, undated
* Certificate of Appreciation, dated 18 September 1970
* page 1 of his DA Form 2-1 (Personnel Qualification Record – Part II)
* his DD Form 214
* his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 16 May 1987

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 21 September 1967.  He held military occupational specialty (MOS) 36K (Field Wireman).

3.  Page 1 of his DA Form 2-1 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Army Commendation Medal
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  The applicant was honorably released from active duty on 18 September 1970 as a specialist four (SP4)/E-4.  He completed 2 years, 11 months, and 
28 days of net active service this period for 3 years, 11 months, and 21 days of total active service, that included service in Vietnam from 11 November 1967 to
2 November 1968.

5.  His DD Form 214 for the period ending 18 September 1970 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)


6.  He provides:

	a.  General Orders 1048, dated 4 May 1969, awarding the 4th Battalion,
39th Infantry the VUA for the period 6 to 12 May 1968.

	b.  DAGO Number 5, dated 27 January 1969; however, the 4th Battalion,
39th Infantry is not listed in these orders for any award.

	c.  DAGO Number 59, dated 25 September 1969, awarding the
4th Battalion, 39th Infantry the Republic of Vietnam Cross of Gallantry with Palm Unit Citation for the period January to June 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969.

	d.  Special Orders 206, dated 19 September 1967, showing he reenlisted for assignment to Vietnam.

	e.  A Certificate of Combat Service, undated, showing he served with the
9th Infantry Division in armed conflict in Vietnam.

	f.  A Certificate of Appreciation, dated 18 September 1970, in recognition of his faithful performance of duty.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 4th Battalion, 39th Infantry was cited for award of the:

	a.  VUA for the period 6-12 May 1968 by DAGO Number 43, dated 1970;

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 1 December 1966 through 30 June 1968 and 1 July through
13 November 1968 by DAGO Number 31, dated 1969; and

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969.

8.  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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show two awards of the VUA.

2.  Records show he was awarded Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these awards.

3.  His unit in Vietnam was cited for award of one Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 Awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his
DD Form 214 should be corrected to show these unit awards.

4.  The applicant participated in five campaigns during his service in Vietnam that entitles him to 1 silver service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this silver service star.

5.  There is no available evidence showing his Vietnam unit was cited for a second Valorous Unit Award.  Therefore, there is no basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  deleting from his DD Form 214 the Vietnam Service Medal, and

	b.  adding to his DD Form 214 the:

* Vietnam Service Medal with one silver service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The Board further determined that the evidence presented was 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 adding a second award of the Valorous Unit Award 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130003428



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