IN THE CASE OF: BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20160004950 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20160004950 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: a.  awarding him the Army Good Conduct Medal (1st Award) for the period 20 June 1967 through 7 February 1970, b.  deleting award of the Vietnam Service Medal from his DD Form 214, and c.  adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Valorous Unit Award * Meritorious Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined 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 award of the 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. IN THE CASE OF: BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20160004950 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) * Meritorious Unit Commendation (MUC) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The applicant states: a.  He was a member of the 19th Engineer Battalion in Vietnam from 18 December 1968 to 28 February 1969. b.  He was assigned to the 137th Engineer Company in Vietnam from 1 May 1968 (should read 1969) to 4 February 1970 and the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1970 to 1971. c.  Department of the Army General Orders (DAGO) Number 2, dated 15 (should read 13) January 1971, awarded the MUC to the 137th Engineer Company with an embroidered streamer for the period 1969 to 1970. d.  DAGO Number 2013-09, dated 18 June 2013, awarded the VUA to Headquarters and Headquarters Company, 19th Engineer Battalion, for the period 16 July 1967 to 31 December 1968. e.  His record of assignments from his Official Military Personnel File shows his units of assignment. The unit awards were authorized after his discharge. 3. The applicant provides: * National Personnel Records Center letter, dated 12 September 2013 * DA Form 20 (Enlisted Qualification Record) * DAGO Number 2, dated 13 January 1971 * DAGO Number 2013-09, dated 18 June 2013 * U.S. Army Center of Military History Lineage and Honors information for the 137th Engineer Battalion * 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 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 enlisted in the Regular Army on 20 June 1967. 3. He served in Vietnam from on or about 9 December 1968 to 4 February 1970. While serving in Vietnam, he participated in four campaigns and he was assigned to: * Headquarters and Headquarters Company, 19th Engineer Battalion, from 18 December 1968 to 30 April 1969 * 137th Engineer Company from 1 May 1969 to 4 February 1970 4. On 7 February 1970, he was honorably released from active duty. He completed 2 years, 7 months, and 18 days of creditable active military service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Commendation Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * three overseas service bars 5. He provided copies of: a.  DAGO Number 2, dated 13 January 1971, which shows the MUC was awarded to the 137th Engineer Company for the period 1 August 1969 to 3 February 1970; b.  DAGO Number 2013-09, dated 18 June 2013, which shows Headquarters and Headquarters Company, 19th Engineer Battalion, to include the 137th Engineer Company, was awarded the VUA for the period 16 July 1967 to 31 December 1968; c.  a letter from the National Personnel Records Center, dated 12 September 2013, which forwarded a copy of his DA Form 20 and advised him his Vietnam service was verified on the form; and d.  the U.S. Army Center of Military History Lineage and Honors information for the 137th Engineer Company that shows the unit was awarded the VUA, the MUC for the period 1969 to 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1970 to 1971. 6. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings. 7. His records are void of documentation showing he was awarded the Army Good Conduct Medal. There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. 2. 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 served entirely during the period 7 December 1941 to 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 3. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows: a.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. b.  Headquarters and Headquarters Company, 19th Engineer Battalion, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in DAGO Number 6, dated 1974, for the period 3 May 1970 to 7 November 1970. c.  The 137th Engineer Company was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on two occasions: in DAGO Number 5, dated 1973, for the period 29 October 1970 to 11 November 1970 and in DAGO Number 6, dated 1974, for the period 3 May 1970 to 30 April 1970. DISCUSSION: 1. General orders awarded the VUA, MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant's units during the period he was assigned. These unit awards are not listed on his DD Form 214. 2. He served honorably during the period 20 June 1967 through 7 February 1970, a period of 2 years, 7 months, and 18 days. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not listed on his DD Form 214. 3. He participated in four campaigns during his service in Vietnam and is authorized four bronze service stars with his Vietnam Service Medal. His DD Form 214 does not list these service stars with his award of the Vietnam Service Medal. 4. The applicant was released from active duty on 7 February 1970. While Headquarters and Headquarters Company, 19th Engineer Battalion, and the137th Engineer Company were awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the applicant was not serving with either unit during the cited award periods. He is not authorized these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004950 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004950 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2