IN THE CASE OF:	  

		BOARD DATE:  19 December 2013

		DOCKET NUMBER:  AR20130008029 


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:

* Overseas Service Ribbon (OSR)
* Army Service Ribbon (ASR)
* Valorous Unit Award (VUA)

2.  The applicant states his combat service in Vietnam clearly indicates the validity of his request for these awards.  He contends that his unit was awarded the VUA while it was in Vietnam.

3.  The applicant provides:

* DD Form 214
* Standard Forms 600 (Chronological Record of Medical Care), dated 26 and 27 May 1970, 20 June 1970, and 5 July 1970
* newspaper article concerning a former Marine who suffered a concussion and the requirements for award of the Purple Heart
* DA Form 20 (Enlisted Qualification Record), page 4 only
* U.S. Army Unit Citation Database showing Troop A, 1st Cavalry, was awarded the VUA for the period 15-31 October 1967



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.  On 8 May 1969, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).

3.  On 2 September 1969, the applicant departed Fort Knox, KY, for duty in the Republic of Vietnam (RVN).

	a.  On 24 October 1969, the applicant was assigned for duty as a scout observer with Troop A, 7th Squadron, 17th Cavalry Regiment.

	b.  On 27 March 1970, he was assigned for duty as a door gunner within the same unit.

	c.  On 7 October 1970, he departed the RVN for duty at Fort Knox, KY.

4.  On 8 May 1971, the applicant was released from active duty.  He attained the rank of specialist four/pay grade E-4 and completed 2 years of creditable active duty service.

5.  The applicant's DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), lists his awards as the:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Bronze Star Medal with "V" Device
* RVN Campaign Medal
* Air Medal with Numeral 14 and "V" Device
* Army Commendation Medal with 1st Oak Leaf Cluster
* Army Good Conduct Medal
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun and Grenade Bars

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The ASR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	b.  The OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	c.  The VUA 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.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This publication shows the Rifle Platoon, Troop A, 7th Squadron, 17th Cavalry Regiment, was cited for award of the VUA during the period 30 January to 12 February 1968 in Department of the Army General Orders Number 43, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the OSR, ASR, and VUA.  He argues that he served a qualifying period with a unit that was awarded the VUA.

2.  The available evidence of record shows the applicant was assigned to Troop A, 7th Squadron, 17th Cavalry Regiment, during his entire period of service in Vietnam from 24 October 1969 to 7 October 1970.  However, records show the Rifle Platoon, Troop A, 7th Squadron, 17th Cavalry Regiment, was awarded the VUA for the period 30 January to 12 February 1968.  This was prior to the applicant's arrival in Vietnam.

3.  The ASR and OSR were not authorized until 1981.  Because the applicant was released from active duty in May 1971 and had no further active duty service, he did not qualify for either of these ribbons.

4.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20130008029



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ABCMR Record of Proceedings (cont)                                         AR20130008029



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