IN THE CASE OF:    

		BOARD DATE:  11 June 2015	  

		DOCKET NUMBER:  AR20140017791 


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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Valorous Unit Award based on his service with the 19th Engineer (EN) Battalion (BN) in Vietnam.

2.  The applicant's new request includes correction of his DD Form 214 to show the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant states, in effect, he is providing new evidence that was not previously considered.  

4.  The applicant provides two orders, one page of his DA Form 20 (Enlisted Qualification Record), and Army Board for Correction of Military Records (ABCMR) Record of Proceedings for Docket Number AR20140003026.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20140003026, on 18 September 2014.




2.  As new evidence, the applicant provides:

	a.  Permanent Orders 252-09, dated 9 September 2009, issued by the U.S. Army Human Resources Command (HRC), wherein, in part, it shows Company D, 19th EN BN, was cited for award of the Valorous Unit Award for the period 20 August 1967 to 31 December 1968.  

	b.  Department of the Army General Orders (DAGO) Number 43, dated 21 August 1968, wherein, in part, it shows Company C, 589th EN BN was cited for award of the Meritorious Unit Commendation for the period 29 April through 31 December 1967.  

3.  The applicant enlisted in the Regular Army (RA) on 5 November 1965 and he held military occupational specialty (MOS) 62E (Construction Machine Operator). He was promoted to the rank/grade of specialist five (SP5)/E-5 on 4 January 1968.  He served in Vietnam while assigned as follows:

* 11 April - to 5 July 1967, Company C, 589th EN BN 
* 6 July 1967 - 10 April 1968, Company D, 19th EN BN

4.  He was honorably released from active duty on 4 November 1968 in the rank of SP5 and he was transferred to the U.S. Army Reserve.  He completed 3 years of creditable active service with no lost time.  The DD Form 214 he was issued for this period of service shows he was awarded or authorized the:

* Vietnam Service Medal with 2 bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  Item 38 (Record of Assignments) of his DA Form 20 for this period of service shows he received all "excellent" conduct and efficiency ratings throughout his service.  Item 42 (Remarks) of this DA Form 20 contains the entry "Fully qualified for immediate reenlistment."  His record is void of any record of disciplinary actions or a commander's disqualification for the award of the Army Good Conduct Medal (1st Award).

6.  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.

7.  He reentered the RA on 25 March 1970 in MOS 62E.  He served in Vietnam while assigned as follows from:

* 6 April 1970 through 14 October 1971, Company D, 34th EN BN
* 15 October through 15 November 1971, Headquarters and Headquarters Company (HHC), 36th EN BN 

8.  He was honorably discharged from active duty on 23 March 1973.  The DD Form 214 he was issued for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Campaign Medal 
* Vietnam Service Medal
* Army Commendation Medal

9.  His record contains GO Number 110, dated 30 March 1973, issued by Headquarters (HQ), U.S. Army Aviation Center and Fort Rucker, Fort Rucker, AL, awarding him the Army Good Conduct Medal for the period 25 March 1970 to 24 March 1973.

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 silver service star is authorized in lieu of five bronze service stars.  A review of his records shows that during his first period of service in Vietnam he participated in four campaigns and during his second period of service in Vietnam he participated in four campaigns.

11.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows:

	a.  Company C, 589th EN BN, was cited for award of the Meritorious Unit Commendation for the period 29 April through 31 October 1967, by DAGO Number 43, dated 1968.

	b.  The 36th EN BN was cited for award of the Meritorious Unit Commendation from 1 January 1971 through 31 December 1971, by DAGO Number 5, dated 1973.  

12.  DA Pamphlet 672-3, paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to HQ, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided orders that confirm Company D, 19th EN BN was cited for award of the Valorous Unit Award and Company C, 589th EN BN, was cited for award of the Meritorious Unit Commendation during his period of assignment in each unit.  In addition, GO awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit in Vietnam and GO awarded the Meritorious Unit Commendation to the 36th EN BN during his period of assignment to the BN.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 23 March 1973 to show these unit awards.

2.  The evidence of record confirms he served honorably from 5 November 1965 to 4 November 1968.  He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout this period of his service.  His record is void of a commander's disqualification or derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). Therefore, it would be appropriate to award him this medal.  In addition, GO awarded him the Army Good Conduct Medal during his second period of service which is not shown on his DD Form 214.  Therefore, his DD Form 214 for the period ending 23 March 1973 should be corrected to show the Army Good Conduct Medal (2nd Award).

3.  His record confirms during his two periods of service in Vietnam he participated in eight campaigns.  Therefore, he is entitled to 1 silver service star and 3 bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

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 amendment of the ABCMR’s decision in Docket Number AR20140003026, dated 18 September 2014.  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 the period 5 November 1965 through 4 November 1968
* deleting from his DD Form 214 for the period ending 23 March 1973 the Vietnam Service Medal
* adding to his DD Form 214 for the period ending 23 March 1973 the:

* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal with 1 silver service star and 3 bronze service   stars
* Valorous Unit Award
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20140017791



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ABCMR Record of Proceedings (cont)                                         AR20140017791



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