PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:               22 February 2001               
	DOCKET NUMBER:      AR2000049770

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Stanley Kelley		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Valorous Unit Award.

3.  The applicant states that he has been excluded from receiving the Valorous Unit Award for his service in Vietnam.  In support of his application, he submits orders for award of the Valorous Unit Award.

4.  The applicant’s military records show that he was inducted in the Army on 18 June 1969.  He successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman).  He was assigned to the 1st Battalion, 11th Infantry in Vietnam from 12 November 1969 through 28 October 1970.  The applicant was honorably released from active duty in pay grade E-4 on 23 March 1971.  

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Valorous Unit Award as an authorized award.  

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, 1st Battalion, 11th Infantry, was cited for award of the Valorous Unit Award for actions during the period 11 November through 15 November 1969 by Department of the Army General Orders Number 52, dated 1974.

7.  The Board noted that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the first award of the Good Conduct Medal which are not shown on his discharge document.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States

while engaged in military operations involving conflict with an opposing foreign 
force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  While the applicant was assigned to the 1st Battalion, 11th Infantry in Vietnam, the unit was cited for award of the Valorous Unit Award; therefore, he is entitled to award of the Valorous Unit Award and correction of his DD Form 214 to show this award.

2.  Evidence of record shows the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 18 June 1969 through 23 March 1971 ending with termination of a period of Federal military service.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Valorous Unit Award, 

the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the first award of the Good Conduct Medal for the period 18 June 1969 through 23 March 1971.

BOARD VOTE:  

RVO_____  TSK____  SK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2000049770	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010222 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0033	
2.		
3.		
4.		
5.		
6.