IN THE CASE OF:	

		BOARD DATE:	2 September 2014

		DOCKET NUMBER:  AR20140001515 


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 the:

* Valorous Unit Award
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 

2.  The applicant states per Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), the unit he was assigned to in Vietnam, the 27th Maintenance Battalion, 1st Cavalry Division, was awarded the awards (listed above) during the time he was there.

3.  The applicant provides his DD Form 214 and one page of DA Pamphlet 672-3.

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 9 January 1969 and he held military occupational specialty 41C (Fire Control Instrument Repairman).

3.  Special Orders (SO) Number 070, dated 11 March 1969, issued by the U.S. Army Training Center and Fort Leonard Wood, MO, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.

4.  SO Number 132, dated 20 June 1969, issued by the U.S. Army Ordnance Center and School, Aberdeen Proving Ground, MD, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He served in Vietnam as follows from:

* 22 July - 10 December 1969, assigned to the 61st Heavy Equipment Maintenance Company, U.S. Army Support Command, Saigon
* 11 December 1969 - 12 February 1970, assigned to the 79th Maintenance Support Company
* 13 February - 19 August 1970, assigned to the 27th Maintenance Battalion, 1st Cavalry Division

6.  He was honorably released from active duty on 20 August 1970 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 12 days of creditable active service with no lost time.  

7.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Two overseas service bars

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award). 

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows the applicant participated in four campaigns during his service in Vietnam.

11.  DA Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the 27th Maintenance Battalion was cited for award of the:

* Valorous Unit Award for the period 1 May 1970 to 29 June 1970 by DA General Order (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 by DAGO Number 42, dated 1972

12.  DA Pamphlet 672-3 does not show that the 27th Maintenance Battalion or any of the units the applicant was assigned to during his service in Vietnam were cited for award of the Meritorious Unit Commendation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment to the units.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant's unit, the 27th Maintenance Battalion, was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  The evidence of record confirms he served honorably from 9 January 1969 to 20 August 1970.  He served in Vietnam and he received all “excellent” conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this medal.
3.  His record confirms during his service in Vietnam he participated in four campaigns.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), none of which are shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show these badges.

5.  With respect to the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the evidence of record does not show that any of the units he was assigned to during his service in Vietnam were awarded of either of these unit awards during his period of assignment.  Therefore, he is not entitled to this portion of the requested relief.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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: 

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 January 1969 through 20 August 1970
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The Board further determined 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 the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      _______ _  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)                                         AR20140001515





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ABCMR Record of Proceedings (cont)                                         AR20140001515



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