IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150005945 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 (VUA). 2. The applicant states: * the 1st Squadron, 10th Cavalry Regiment, was awarded its first unit citation for action at Landing Zone Oasis in May 1969 * the VUA was presented to the squadron for the heroic defense of the landing zone against the determined attack of a battalion-size enemy 3. The applicant provides two pages of the 4th Infantry Division history. 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 24 June 1968. He served as a general vehicle repairman assigned to Troop C, 1st Squadron, 10th Cavalry Regiment, in Vietnam from 20 December 1968 to 31 October 1969. 3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. 4. On 25 June 1979, he was honorably released from active duty in the rank of specialist four after completing 2 years of creditable active service with no lost time. 5. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * two overseas service bars * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) 6. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal (AGCM). There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM. 7. His DD Form 215 (Correction to DD Form 214), dated 10 October 2006, added award of the Combat Infantryman Badge to his DD Form 214. 8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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, 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-martial. 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows 1st Squadron, 10th Cavalry Regiment, was awarded the: a. VUA for the period 8-29 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970, and b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 14 November 1970 by DAGO Number 52, dated 1971. 10. Department of the Army Pamphlet 672-3 also shows Troop C, 1st Squadron, 10th Cavalry Regiment, was awarded the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 28 July 1969 by DAGO Number 3, dated 1970, and b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period August 1967 to 31 October 1969 by DAGO Number 53, dated 1970. 11. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received. DISCUSSION AND CONCLUSIONS: 1. The applicant's Vietnam unit was awarded the VUA and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. His DD Form 214 should be corrected to show these unit awards. 2. His Vietnam unit was also awarded two Republic of Vietnam Gallantry Cross with Palm Unit Citations during his period of assignment. Although he is entitled to wear only one of these unit awards, his DD Form 214 should be corrected to show both unit awards. 3. He was honorably released from active duty in the rank of specialist four with 2 years of total active service and no lost time. He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the first award of the AGCM for the period 24 June 1968 through 23 June 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. He should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 AGCM (1st Award) for the period 24 June 1968 through 23 June 1970; and b. adding the following awards to his DD Form 214: * AGCM (1st Award) * VUA * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class 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) AR20150005945 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005945 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1