IN THE CASE OF:  	  

		BOARD DATE:  13 October 2015	  

		DOCKET NUMBER:  AR20150002153 


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 and Republic of Vietnam Gallantry Cross With Palm Unit Citation.

2.  The applicant states:

   a.  He is submitting documentation that shows he is authorized the Valorous Unit Award and the Republic of Vietnam Gallantry Cross With Palm Unit Citation. The General Orders (GO) conveying the Valorous Unit Award to the 1st Squadron, 11th Armored Cavalry Regiment, for action during the Tet Counteroffensive from 31 January through 5 February 1968 was issued on 5 March 1969, thus there was insufficient time for this information to reach his file prior to his expiration of term of service.  He attempted to obtain a certificate for the Valorous Unit Award and was informed the award must be shown on his DD Form 214.

   b.  He arrived in Vietnam in January 1968 and he was assigned to the Troop C, 1st Squadron, 11th Armored Cavalry Regiment.  He was assigned to Troop C during the 100 kilometer tactical motor march when Bin Long was attacked and initiating the Tet Counteroffensive.  He served in Vietnam for 5 months and 11 days after he was wounded in an ambush on 10 June 1968.




3.  The applicant provides copies of the following:

* Roster C Troop, 1st Squadron, 11th Armored Cavalry Regiment
* GO Number 12
* DD Form 214
* letters from the National Personnel Records Center (NPRC) and the Department of Veterans Affairs (VA)

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 was inducted into the Army of the United States on 2 August 1967 and he held military occupational specialty 11B (light weapons infantryman).  

3.  Special Orders (SO) Number 265, issued by Headquarters, U.S. Army Training Center, Fort Knox, KY on 22 September 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 266, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL on 7 November 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He served in Vietnam from 7 January through 17 June 1968, during two campaigns.  He was assigned to Troop C, 1st Squadron, 11th Armored Cavalry Regiment.

6.  Department of the Army GO (DAGO) Number 12 (Amended), dated 5 March 1969, awarded the Valorous Unit Award to members of the 3rd Squadron, 11th Armored Calvary Regiment, for extraordinary heroism service in Vietnam for the period 31 January 1968 through 5 February 1968.  This GO was amended and the 3rd Squadron was removed from the order.  However, the applicant was never assigned to 3rd Squadron, he was assigned to 1st Squadron.

7.  He was honorably released from active duty in the rank/grade of specialist four (SP4/E-4) on 6 June 1969 and was transferred to the U.S. Amy Reserve Control Group.  He was credited with completing 1 year, 10 months, and 5 days of net active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Vietnam Campaign Medal with Device 1960
* Purple Heart

8.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 38 (Record of Assignments) – he:

* was in a patient status from 4 July through 8 September 1968 and he received "unknown" conduct and efficiency ratings during this period
* received "excellent" conduct and efficiency ratings from 11 August 1967 through 3 July 1968 and from 9 September 1968 through 5 June 1969; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of military service

* Item 41 (Awards and Decorations) – all the awards listed on his DD Form 214 and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  He provided copies of the following:

   a.  A letter, dated 3 May 2010, wherein the NPRC advised him of his entitlement and shipment of the following awards:

* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge (1st Award)
* Vietnam Campaign Medal with Device 1960
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Republic of Vietnam Gallantry Cross With Palm Unit Citation (not issued by the Department of the Army he may purchase from civilian dealers in military insignia)

   b.  A letter, dated 1 December 2014, wherein the VA provided him a summary of the benefits he was currently receiving from the VA.

10.  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; for the first award only, 1 year service entirely during the period 7 December 1941 through 2 March 1946; 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.  There must have been no convictions by a court-marital.

11.  Army Regulation 600-8-22 (Military Award) states a bronze service star is authorized for wear on the Vietnam Service Medal to denote campaign participation.  The applicant served in Vietnam during Counteroffensive Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV.

12.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 11th Armored Cavalry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from 7 September 1966 through 10 August 1968, by DAGO Number 60, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit.  This unit award is not listed on his DD Form 214.

2.  He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) during his period of service.  None of these badges are shown on his DD Form 214.

3.  He met the criteria for award of the Army Good Conduct Medal by serving honorably from 2 August 1967 through 6 June 1969, serving in Vietnam, attaining the rank/grade of SP4/E-4, earning multiple awards, and receiving "excellent" conduct and efficiency ratings during his military service.  His records contain no derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).

4.  The applicant served in Vietnam during three campaigns and he is authorized one additional bronze service star to be added to his already-awarded Vietnam Service Medal with two bronze service stars.

5.  He was assigned to the 1st Squadron, 11th Armored Cavalry Regiment during his period of service in Vietnam.  GO awarded the Valorous Unit Award to members of the 3rd Squadron, 11th Armored Cavalry Regiment for service in Vietnam; however, the GO was amended and 3rd Squadron was removed from the order.  The applicant was never assigned to a qualifying unit for this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ 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 his period of service from 2 August 1967 through 6 June 1969
* adding to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* One additional bronze service star to be worn with the already- 
 awarded Vietnam Service Medal

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 the Valorous Unit Award. 



      _______ _   _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)                                         AR20150002153



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150002153



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1