RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	   17 April 2008
	DOCKET NUMBER:  AR20070017982 


	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.









      The following members, a quorum, were present:













	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 19 December 1968 separation document (DD Form 214) be corrected by adding the Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC), Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation; and that he receive appropriate recognition for his participation in the following 
5 named campaigns:  Vietnam Counteroffensive (11 July 1966-31 May 1967); Vietnam Counteroffensive (June 1967-29 January 1969); TET Counteroffensive 1968; Vietnam Counteroffensive (2 April 1967-30 June 1968); Coronado 1, and Coronado II.  

2.  The applicant states, in effect, that the awards in question should be added to list of awards contained in Item 24 of his DD Form 214.  

3.  The applicant provides his DD Form 214 and Internet Documents pertaining to the PUC, MUC, and RVNGC with Palm in support of his application.

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's record shows that he was inducted into the Army and entered active duty on 27 October 1966.  He was trained in and awarded military occupational specialty (MOS) 11B (Infantryman), and private first class (PFC) is the highest rank he attained while serving on active duty.  


3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 13 April 1967 through 15 April 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company A, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division, performing duties in MOS 11B as a light weapons infantryman (rifleman).  Item 41 (Awards and Decorations) shows that during his active duty tenure, he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), RVN Campaign Medal with 60 Device, and 
2 Overseas Service Bars.  

4.  On 19 December 1968, the applicant was honorably released from active duty (REFRAD), in the rank of private/E-2 (PV2), after completing a total of 1 year, 11 months, and 8 days of creditable active military service, and accruing 75 days of time lost due to being absent without leave (AWOL) between 24 May and 
6 August 1968.  Item 24 of the DD Form 214 he was issued at the time shows he earned the following awards:  NDSM; VSM; RVNCM with 60 Device; CIB; Expert Marksmanship Qualification Badge with Rifle Bar; and 2 Overseas Service Bars. 

5.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with the VSM for each campaign a member is credited with participating in while serving in the RVN.  

6.  Table B-1 of the awards regulation contains a list of RVN campaigns, and it confirms that during the period the applicant served in the RVN, participation credit was granted for the following 4 campaigns:  Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, TET Counteroffensive, and Vietnam Counteroffensive Phase IV.  There are no authorized RVN campaigns identified or titled Coronado.  

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (3rd Battalion, 60th Infantry Regiment) received the PUC, RVNGC with Palm, and RVNCAHM First Class Unit Citation.  The applicant's unit did not receive the MUC for RVN service.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 24 of his DD Form 214 should be corrected by adding the PUC, MUC, RVNGC with Palm Unit Citation, RVNCAHM First Class Unit Citation; and that he should receive the appropriate award recognition based on his participation in the Vietnam Counteroffensive (11 July 1966-31 May 1967), Vietnam Counteroffensive (June 1967-29 January 1969), TET Counteroffensive 1968, Vietnam Counteroffensive (2 April 1967-30 June 1968), Coronado 1, and Coronado II campaigns in the RVN was carefully considered and found to have partial merit.  

2.  The evidence of record confirms that the applicant's unit received the PUC, RVNGC with Palm Unit Citation, and RVNCAHM First Class Unit Citation, during his tenure of assignment in the RVN.  It also shows that during the period of assignment to the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, 
TET Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns, which entitles him to 4 bronze service stars with his VSM.  Therefore, it would be appropriate to add these awards to the list of awards contained in Item 24 of his DD Form 214 at this time. 

3.  There is no evidence of record that indicates the applicant's unit received the MUC for service in the RVN, or that any RVN campaign was identified or titled Coronado.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__TEK __  __JLP___  __DWT _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 showing his entitlement to the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with his Vietnam Service Medal; and by providing him a correction to his DD Form 214 that includes these awards.  

2.  The Board further determined that 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 Meritorious Unit Commendation and to additional campaign participation credit. 




      _____TSK                       _
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070017982



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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