ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 June 2019

	DOCKET NUMBER:  20170012637


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all authorized awards and decorations.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* General Order (GO) Number 8750, dated 28 August 1969

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he has two Army Commendation (ARCOM) medals, one with a V Device (first oak leaf cluster), that is not shown on his DD Form 214.  He would also like the following awards added to his DD Form 214, awarded to the unit after his active duty date:

* Meritorious Unit Commendation (MUC) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC)
* Valorous Unit Award (VUA)

3.  The applicant provides General Orders (GO) Number 8750, dated 29 August 1969, awarding him the ARCOM with V Device (1st Oak Leaf Cluster).

4.  A review of the applicant’s service record shows:

a. He was inducted into the Army of the United States on 20 March 1968.

   b.  He served in Vietnam from on or about 29 August 1968 to 20 October 1969.  He was assigned to Headquarters and Headquarters Battery, 3rd Battalion, 82nd Artillery, Americal Division.
   c.  He was awarded his first ARCOM announced by GO Number 6208, dated 8 July 1969, for meritorious service from August 1968 to August 1969.

   d.  He received his second ARCOM with V Device announced on GO Number 8750, dated 28 August 1969, for heroism on 11 May 1969.

	e. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) show he received excellent conduct and efficiency ratings throughout his military service.  

   f.  He was honorably released from active duty on 21 October 1969 and transferred to the United States Army Reserve.  His DD Form 214 shows he completed 1 year, 7 months, and 2 days of total active service with 1 year, 1 month and 23 day of foreign service.  It also shows he was awarded or authorized:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* two overseas service bars 
* Sharpshooter Marksmanship Badge with Rifle (M-14) Bar
* Marksman Marksmanship Badge with Rifle (M-16) Bar

5.  By regulation (AR 672-5-1), the Army Good Conduct Medal is authorized 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.  The applicant meets the criteria in that 

* he completed 1 year, 7 months, and 2 days of continuous active service
* he received excellent conduct and efficiency ratings 
* there are no court-martial convictions in his service record 

6.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) assists commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  

	a.  Department of the Army General Order (DAGO) Number 39, dated 1970, awarded 3rd Battalion, 82nd Artillery, Americal Division the Meritorious Unit Commendation for the period of 15 November 1967 to 17 March 1969.

	b.  DAGO Number 42, dated 1972, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to 3rd Battalion, 82nd Artillery, Americal Division for the period of 24 August 1969 to 31 December 1969.

	c.  Department of the Army Pamphlet 672-3 does not show the 3rd Battalion, 82nd Artillery, Americal Division as a recipient of the Valorous Unit Award. 

7.  By regulation, (AR 600-8-22 (Military Awards)), a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that partial relief was warranted.  Based upon the applicant’s unit not being found in 
DA Pamphlet 672-3 for being awarded the Valorous Unit Award, the Board concluded that portion of the request should be denied.

However, all other requested relief as outlined below in the administrative notes by the analyst of record is supported by the documentary evidence and should be added to the applicant’s DD Form 214.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:XX	XX	XX	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding:
* Army Commendation Medal with V Device (1st Oak Leaf Cluster)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation 
* 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 adding the Valorous Unit Award to the applicant’s 
DD Form 214.
	 
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.

ADMINISTRATIVE NOTE(S):

A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214.  As a result, amend his DD Form 214 by deleting the Vietnam Service Medal and adding the: 

* Army Commendation Medal with V Device (1st Oak Leaf Cluster)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

3.  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 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.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

4.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  

	a.  The Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam was awarded to 3rd Battalion, 82nd Artillery, in Department of the Army General Order (DAGO) Number 22, dated 1968, for the period of 24 August 1969 to 31 December 1969.

	b.  The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  DAGO Number 39, dated 1970, awarded the 3rd Battalion, 82nd Artillery, Americal Division the Meritorious Unit Commendation for the period of 15 November 1967 to 17 March 1969.

ABCMR Record of Proceedings (cont)	20170012637


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