BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20150000161 


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.  The applicant states that he served in the Republic of Vietnam (RVN) with Battery B, 1st Battalion, 21st Artillery, 1st Cavalry Division (Airmobile) and Headquarters, Department of the Army, General Orders (DAGO) Number 43, dated 29 November 1972, awarded his unit the Valorous Unit Award.

3.  The applicant provides a copy of DAGO Number 43, 1972.

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 7 July 1969.  He was awarded military occupational specialty 13E (Field Artillery Operations and Intelligence Assistant).

3.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 31 (Foreign Service), he served in Vietnam from 1 December 1969 through 8 February 1971
* item 33 (Appointments and Reductions), he was promoted to specialist four (SP4)/E-4, effective and with a date of rank of 4 April 1970
* item 38 (Record of Assignments):  Battery B, 1st Battalion, 21st Artillery, 1st Cavalry Division (Airmobile), from 10 December 1969 through
4 February 1971
* item 41 (Awards and Decorations) does not show the Valorous Unit Award

4.  DAGO Number 43, dated 29 November 1972, awarded the Valorous Unit Award to the 1st Cavalry Division and its assigned and attached units, including the 1st Battalion, 21st Artillery, for extraordinary heroism while engaged in military operations during the period 1 May 1970 to 29 June 1970.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 10 February 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).

   a.  He had completed 1 year, 7 months, and 4 days of total active duty service this period that included 1 year, 2 months, and 8 days of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), as corrected by a DD Form 215 (Correction to DD Form 214) issued on 16 May 1988, shows the –
   
* RVN Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Bronze Star Medal
* Air Medal


6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant.

7.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

8.  Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 240, dated 28 August 1969, awarded the applicant the –

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar

9.  The applicant's military personnel records fail to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award).

   a.  There is no evidence of any disciplinary actions or adverse information.

   b.  Item 38 of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The VSM 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 will be awarded for wear on the VSM for participation in each credited campaign.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns –

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

   a.  It shows the 1st Battalion, 21st Artillery, was cited for award of the –

* Valorous Unit Award for the period 1 May 1969 to 29 June 1969 in DAGO Number 43, 1972
* RVN Gallantry Cross with Palm Unit Citation for the period –

* May 1969 to February 1970 in DAGO Number 42, 1972, as amended by DAGO Number 11, 1973
* 21 February 1970 to 28 February 1971 in DAGO Number 42, 1972
* 17 September 1965 to June 1972 in DAGO Number 54, 1974

* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 in DAGO Number 42, 1972

   b.  This pamphlet also shows that not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of the unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows:

   a.  DAGOs awarded the applicant's unit the –

* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation (3rd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
   b.  However, the third award of the RVN Gallantry Cross with Palm Unit Citation covers the same period of time as the two previous awards.  Thus, he is entitled to only two of the awards being recorded in his military records.

   c.  The applicant qualified for award of the VSM and he participated in three campaigns during his service in Vietnam.  Thus, he is entitled to three bronze service stars for wear on his already-awarded VSM.

   d.  Special orders awarded him the Expert Marksmanship Qualification Badge with Grenade Bar.

2.  The applicant served a period of continuous, honorable active duty enlisted service from 7 July 1969 through 10 February 1971.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

	b.  He was promoted to SP4 (E-4) after just 9 months of active duty and he received all "excellent" conduct and efficiency ratings during his service.

   c.  He was awarded the Bronze Star Medal, the Air Medal, and the Army Commendation Medal during the period of service under review.

   d.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award).

3.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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 Army Good Conduct Medal (1st Award) for the period 
7 July 1969 through 10 February 1971 (Standard Name Line:  SP4,
Battery B, 1st Battalion, 21st Artillery, 1st Cavalry Division (Airmobile));

   b.  deleting the "Vietnam Service Medal" from item 24 of his DD Form 214; and

   c.  adding the following awards to item 24 of his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 Bronze Service Stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Grenade Bar




      _______ _  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)                                         AR20150000161



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ABCMR Record of Proceedings (cont)                                         AR20150000161



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