IN THE CASE OF:
BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130013842
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 the Valorous Unit Award (VUA) be added to his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* he was assigned to Company B, 2nd Battalion, 8th Cavalry during the period May to June 1966
* his DD Form 214 does not show the VUA
* he just found out his unit was cited for the VUA
3. The applicant provides an article that states Company B, 2nd Battalion,
8th Cavalry Regiment was awarded the VUA.
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 8 June 1965. He arrived in Vietnam on 26 November 1965. He served as an infantry indirect fire crewman assigned to Company B, 2nd Battalion, 8th Cavalry of the 1st Cavalry Division in Vietnam from 6 December 1965 to 25 November 1966. On 7 June 1967, he was honorably released from active duty in the temporary rank of specialist four after completing 2 years of creditable active service with no time lost.
3. His DD Form 214 shows he was awarded or authorized the:
* Parachutist Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Air Medal
* National Defense Service Medal
* Overseas Service Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
4. 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:
* Company B, 2nd Battalion, 8th Cavalry was cited for award of the VUA for actions during the period 16-17 May 1966 in Department of the Army General Orders (DAGO) 17, dated 1968
* 2nd Battalion, 8th Cavalry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation in DAGO 59, dated 1969
5. Records show he participated in three campaigns during his assignment in Vietnam.
6. There is no evidence that the applicant received the first award of the Army Good Conduct Medal. There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.
7. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.
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 the 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. The applicant's unit in Vietnam was cited for award of the VUA and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 should be corrected to show these unit awards.
2. He was honorably released from active duty in the temporary rank of specialist four with 2 years of total active service and no lost time. He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 8 June 1965 through 7 June 1967 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.
3. Based on his service in Vietnam and participation in three campaigns, he is entitled to the Vietnam Service Medal with three bronze service stars. His DD Form 214 should be corrected to show this award.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 first award of the Army Good Conduct Medal for the period 8 June 1965 through 7 June 1967; and
b. adding the VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Good Conduct Medal (1st Award), and Vietnam Service Medal with three 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) AR20130013842
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130013842
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