IN THE CASE OF:	  

	BOARD DATE:	  8 May 2008

	DOCKET NUMBER:  AR20070016437 


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 his records be corrected to show award of the Presidential Unit Citation.

2.  The applicant states that his unit earned the Presidential Unit Citation during his tenure, but it was not included on his service record.

3.  The applicant provides 

	a.  A copy of DD Form 1351-2 (Travel Voucher or Subvoucher).

	b.  A copy of his Page 3 of his DA Form 20 (Enlisted Qualification Record).

	c.  A copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

	d.  A copy of an excerpt from a history of the 25th Infantry Division.

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 served in the Army of the United States (AUS) from 5 October 1965 through 4 October 1967, a period of 2 years.  He was trained as a Light Weapons Infantryman and he served in combat in Vietnam with Company B, 2nd Battalion, 35th Infantry Regiment (The Cacti), and HHC (Headquarters and Headquarters Company), 2nd Battalion, 35th Infantry Regiment from on/about 27 April 1966 through on/about 18 April 1967.

3.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Combat Infantryman Badge.

4.  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 units to which the applicant was assigned were cited for award of the Presidential Unit Citation for the period 28-29 May 1966 by Department of the Army General Order Number 51, dated 1968.  It also shows that the unit was awarded the Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to 1 August 1967 by Department of the Army General Order Number 48, dated 1971.

5.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides for :

	a.  Award of the Good Conduct Medal.  During Vietnam, the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered 

subsequent to 22 November 1955 were not disqualifying.  The applicant's records show his conduct and efficiency as uniformly excellent, and he had no convictions by courts-martial.

	b.  Award of a bronze service star, based on qualifying service for each campaign listed in this regulation.  Authorized bronze service stars will be worn on the appropriate service medal.  A single silver service star denotes five campaigns.  During the applicant's service in Vietnam, there were two campaigns.

	c.  Award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which a Soldier has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the Soldier has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.  Soldiers will wear the basic badge which indicates the qualification last attained with the respective weapon.  The applicant's records show he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Presidential Unit Citation be added to his DD Form 214.

2.  The applicant's units were awarded the Presidential Unit Citation and the Vietnam Gallantry Cross with Palm Unit Citation during his tenure.  He is entitled to have these unit awards added to his DD Form 214.

3.  The applicant is entitled to the Good Conduct Medal for his service from 5 October 1965 through 4 October 1967.  He should be awarded the Good Conduct Medal and it should be added to his DD Form 214.

4.  The applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  These badges should be added to his DD Form 214.

5.  The applicant served in Vietnam during two campaigns.  He is entitled to wear 2 bronze service stars on his already awarded Vietnam Service Medal.


BOARD VOTE:

__xxx___  __xxx___  __xxx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 the applicant the Good Conduct Medal for the period 5 October 1965 through 4 October 1967;

	b.  Deleting the Vietnam Service Medal from his DD Form 214; and 

	c.  Adding the Good Conduct Medal, the Vietnam Service Medal with 2 bronze service stars, the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Presidential Unit Citation, and the Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.




							XXX
       _    _______   ___
       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)                                         AR20070016437



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ABCMR Record of Proceedings (cont)                                         AR20070016437



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