IN THE CASE OF:  	  

		BOARD DATE:  7 July 2015  	  

		DOCKET NUMBER:  AR20140017392


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, in effect, to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all the unit awards he is entitled to.   

2.  The applicant states he was assigned to the 62d Engineer Battalion from      14 June 1966 thru 15 July 1967 and the unit earned the Meritorious Unit Citation (known as the Meritorious Unit Commendation) and the “Vietnamese Civic Action Medal” (properly known as the Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation). 

3.  The applicant provides his DD Form 214, a copy of his DA Form 20 (Enlisted Qualification Record), and a typed two-page document of the 62d Engineer Battalion unit history.    

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 18 November 1965.  He completed training and was awarded military occupational specialty 63C (General Vehicle Repairman). 

3.  His DA Form 20 shows he was assigned to Company D, 62d Engineer Battalion (Construction), during his service in the Republic of Vietnam from 6 June 1966 through 4 June 1967.

4.  On 15 November 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with 1960 Device
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* two overseas service bars

5.  He provides a typed two-page document on the unit history of the 62d Engineer Battalion that states while in the Republic of Vietnam the unit earned a Meritorious Unit Citation and the “Vietnamese Civic Action Medal.”  

6.  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 unit to which the applicant was assigned was cited for the Meritorious Unit Commendation for service during the period April through December 1966, by Department of the Army General Orders (DAGO) Number 17, dated 1968 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 through 9 February 1970, by DAGO Number 43, dated 1970.
   
7.  His record indicates he is entitled to additional awards that are not shown on his DD Form 214.

8.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice.
9.  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; 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, and he/she could not have been convicted by court-martial.

10.  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.  Table B-1 shows during his service in Vietnam, campaign participation credit was awarded for the following three campaigns:  the Vietnam Counteroffensive (25 December 1965-30 June 1966), the Vietnam Counteroffensive, Phase II (1 July 1966-31 May 1967), and the Vietnam Counteroffensive, Phase III (1 June 1967-29 January 1968).

11.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was assigned to the 62d Engineer Battalion during his service in the RVN.  GO awarded this unit the Meritorious Unit Commendation and RVN Gallantry Cross with Palm Unit Citation during the time he served in the unit.  Therefore, it would be appropriate to correct his DD Form 214 and show these unit awards. 

2.  However, the applicant was not assigned to the 62d Engineer Battalion during the period for which it was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  As such, he is not authorized to have this unit award added to his DD Form 214.

3.  He served honorably from 18 November 1965 to 15 November 1968.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  He participated in three campaigns during his service in the RVN.  Therefore, he is entitled to three bronze service stars for wear on his previously-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these bronze service stars.

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  18 November 1965 to 15 November 1968;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and
   
   c.  adding to his DD Form 214 the:
   
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation

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 amending his DD Form 214 by adding 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140017392



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