IN THE CASE OF:	  

		BOARD DATE:	  7 November 2013

		DOCKET NUMBER:  AR20130005441 


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 add the Army Commendation Medal and the Valorous Unit Award.

2.  The applicant states, in effect, these awards were not annotated on his DD Form 214.

3.  The applicant provides:

* Letter, dated 8 March 2013
* Self-authored statement, dated 23 August 2013
* Certificate for award of the Army Commendation Medal
* Citation for award of the Army Commendation Medal
* General Orders (GO) Number 43, dated 29 November 1972
* 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 17 June 1970 and held military occupational specialty 71B (Clerk Typist).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

3.  Special Orders (SO) Number 223, issued by Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood, Fort Leonard Wood, MO, on 11 August 1970 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the First Class Marksmanship Qualification Badge with Grenade Bar.

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 15 November 1970 to 21 December 1971 and served with the 335th Radio Research Company, 509th Radio Research Group from 
22 November 1970 to 15 December 1971.

5.  GO Number 3295, issued by Headquarters, U.S. Army Vietnam, on 
25 November 1971 awarded him the Army Commendation Medal for service during the period November 1970 through January 1972.

6.  He was honorably released from active duty on 21 December 1971.  His 
DD Form 214 shows he completed 1 years, 6 months, and 5 days of net active service, of which 1 year, 1 month, and 6 days was credited as foreign service.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960

7.  He provided pages 1 and 8 of GO Number 43, issued by Headquarters, Department of the Army, Washington, DC, on 29 November 1972 to show his unit was awarded the Valorous Unit Award.  

8.  A review of the full order shows that these orders did not award his unit the Valorous Unit Award.  However, under Paragraph II (Meritorious Unit Commendation), subparagraph 21, 509th Radio Research Group and its assigned units:  Radio Research Communications Unit Vietnam, Headquarters and Headquarters Service Company, 509th Radio Research Company, and 335th Radio Research Company (listed on page 8 of these orders), were awarded the Meritorious Unit Commendation for the period 1 October 1969 to 
31 December 1970.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized to be affixed to the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign credit was awarded for the following three campaigns:

* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

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 335th Radio Research Company, 509th Radio Research Group was cited for award of the:

* Meritorious Unit Commendation for the periods:

*  1 October 1969 to 31 December 1970 in DAGO Number 43, dated 1972
* 1 January 1971 to 1 June 1972 in  DAGO 32, dated 1973

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1970 to 3 March 1971 in DAGO 6, dated 1974

11.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 17 June 1970 through 21 December 1971.  He received "excellent" ratings for his conduct and efficiency.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.  

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

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  It appears he misread GO Number 43, dated 29 November 1972.  These orders did not award his unit the Valorous Unit Award.  However, during the period of his service, GO did award his unit in Vietnam two awards of Meritorious Unit Commendation and one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

3.  The evidence of record shows he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to add three bronze service stars to his previously-awarded Vietnam Service Medal.

4.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the First Class Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to correction of his DD Form 214 to add these badges.

5.  He served honorably during the period 17 June 1970 through 21 December 1971.  His records do not contain any derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received “excellent” conduct and efficiency ratings. It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his DD Form 214 to add this award.  

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
17 June 1970 through 21 December 1971;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  adding to his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 
* First Class Marksmanship Qualification Badge with Grenade Bar

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 adding 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)                                         AR20130005441





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130005441



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1