IN THE CASE OF:
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130019688
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 the Valorous Unit Award.
2. He states he received the Valorous Unit Award for extraordinary heroism in military operations against an armed enemy.
3. He provides a Valorous Unit Award certificate.
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 28 October 1966.
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows while in Vietnam he was assigned to Company A, 19th Engineer Company from 4 April 1967 to 23 March 1968.
4. On 25 October 1968, he was released from active duty after serving for
1 year, 11 months, and 28 days. His DD Form 214 shows he was awarded the:
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
5. Permanent Orders Number 252-09, issued by the U.S. Army Human Resources Command, dated 9 September 2009, show Company A, 19th Engineer Company was awarded the Valorous Unit Award for extraordinary heroism during the period 16 July 1967 to 31 December 1968.
6. 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. Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:
* Counteroffensive, Phase II (1 July 1965 - 31 May 1967)
* Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
7. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units in Vietnam
DISCUSSION AND CONCLUSIONS:
1. Permanent orders cited Company A, 19th Engineer Company for award of the
Valorous Unit Award during the applicant's period of service in Vietnam. Therefore, his DD Form 214 should be corrected to show this unit award.
2. All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show this unit award.
3. The applicant participated in three campaigns during his service in Vietnam. Therefore he is entitled to correction of his DD Form 214 to show these bronze service stars on his Vietnam Service Medal.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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. deleting from his DD Form 214 the Vietnam Service Medal and
b. adding to his DD Form 214 the:
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with three bronze service stars
_______ _ _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) AR20130019688
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ABCMR Record of Proceedings (cont) AR20130019688
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