IN THE CASE OF:	   

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20150000841 


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.

2.  The applicant states his expiration of term of service occurred prior to this award being added to his records.  His unit received this award by the direction of the Secretary of the Army under the provisions of Army Regulation 672-5-1 (Awards), paragraph 202.1.  He served in this operation from 7 March through 7 April 1969.  He was advised by the comrades he served with that they had received this award.

3.  The applicant provides copies of the following:

* Valorous Unit Award Citation and Narrative
* DD Form 214

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 the cases 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.

2.  The applicant’s military records show he enlisted in the Regular Army on 17 October 1966.  He was awarded military occupation specialty 62E (Heavy Equipment Operator).  

3.  Special Orders (SO) Number 311, issued by Headquarters, Fort Polk, LA on 2 December 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 186, issued by Headquarters, Fort Lewis, WA on 21 July 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He served in Vietnam from 22 January 1968 through 4 September 1969, during seven campaigns.  He was assigned to:

* Company D, 62nd Engineer Battalion, from 26 January 1968 through 17 January 1969
* 501st Engineer Company (Land Clearing (LC)), from 18 January through 13 February 1969
* 60th Engineer Company (LC), 62nd Engineer Battalion, from 14 February through 31 August 1969

6.  He was honorably released from active duty in pay grade E-5 on 4 September 1969 and was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 2 years, 10 months, and 8 day of net active service and time lost from 17 to 19 October 1967 and 15 to 21 May 1967.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Purple Heart

7.  Item 41 of his DA Form 20 (Enlisted Qualification Record) lists all the awards listed on his DD Form 214 and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and three overseas service bars.


8.  He provided copies of the following:

   a.  A Valorous Unit Award Citation stating by direction of the Secretary of the Army under the provisions of paragraph 202.1, Army Regulation 672-5-1, the Valorous Unit Award was awarded to the 60th Engineer Company (LC) for the period 7 March through 7 April 1969.

   b.  A Valorous Unit Award Narrative stating the mission of Operation West Lai Khe was to clear approximately 4500 areas of medium-to-heavy jungle during the period 7 March through 7 April 1969.  For the 60th Engineer Company (LC) that would have been a routine mission, but what made it deviate from the routine was the fact that the jungle area had been a sanctuary for a highly-trained Viet-Cong (VC) company for the last 18 years.  It was also known that the VC company had significant mining, mortar, and rocket capabilities, besides being able to conduct assaults with rocket propelled grenades and small arms.

9.  Army Regulation 600-8-22 (Military Award) states a bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.  One silver service star denotes five bronze service stars.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 60th Engineer Company was cited for award of the Valorous Unit Award for the period 7 March through 7 April 1969 by DA General Orders (DAGO) Number 39, dated 1970.

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

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant's unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation service for periods coinciding with his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

2.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) during his period of active duty.  Therefore, his DD Form 214 should be corrected to show these badges.

3.  He served in Vietnam during seven campaigns; therefore, he is entitled to award of one silver service star and two bronze service stars to be added to already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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:

* deleting from his DD Form 214 the Vietnam Service Medal
* adding to this DD Form 214 the:

* Vietnam Service Medal with one silver service star and two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   _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)                                         AR20150000841



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ABCMR Record of Proceedings (cont)                                         AR20150000841



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