IN THE CASE OF:	  

		BOARD DATE:	        24 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080005677 


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, in effect, that his military records be corrected to show the award of the Presidential Unit Citation. 

2.  The applicant essentially states that the 2nd Battalion, 22nd Infantry Regiment was cited for award of the Presidential Unit Citation for its actions on 21 March 1967, and that he was assigned to this battalion on that date.  He also states, in effect, that he left Vietnam in August 1967, but that the Presidential Unit Citation was not presented until 23 September 1967; therefore, it was never listed on his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge),

3.  The applicant provides his DD Form 214, a self-authored letter, dated 7 March 2008, orders, dated 19 April 1967, which awarded him the Purple Heart, orders, dated 27 March 1967, which awarded him the Combat Infantryman Badge, an unofficial copy of Department of the Army General Orders Number 59, dated 1968 which, in part, awarded the Presidential Unit Citation to the 2nd Battalion , 22nd Infantry Regiment, five pages of e-mails, and a six-page Internet article from a person who was recollecting the Battle of Soui Tre, Vietnam in support of this 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 military records show that he was inducted into the Army of the United States on 14 December 1965.  After completing basic and advanced individual training, he was reassigned to Fort Lewis, Washington, and was assigned to Headquarters and Headquarters Company, 2nd Battalion, 22nd Infantry Regiment, 4th Infantry Division.  This unit made a permanent change of station to the Republic of Vietnam on 22 September 1966.  He was wounded in action on 18 April 1967.  He returned to the continental United States on 
23 August 1967, and was assigned at Fort Hood, Texas until he was honorably released from active duty on 13 December 1967.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal with One Bronze Service Star, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant's DD Form 214 also does not show his entitlement to the Presidential Unit Citation.  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 that at the time of the applicant’s assignment to the 2nd Battalion, 22nd Infantry Regiment, the battalion was cited for award of the Presidential Unit Citation by Department of the Army General Orders Number 59, dated 1968.  

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  The applicant's DD Form 214 shows that he served 2 years of continuous enlisted active duty service from 14 December 1965 to 13 December 1967.  However, it does not show that he was awarded the Good Conduct Medal.  All of his conduct and efficiency ratings were "excellent" throughout his 2 years of service, and there is no derogatory information in his military records that could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service.

6.  Department of the Army Pamphlet 672-3 also shows that in addition to the Presidential Unit Citation, during the applicant's assignment with the 2nd Battalion, 22nd Infantry Regiment, the battalion was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

7.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal with One Bronze Service Star to signify his participation in one campaign during his tour in Vietnam.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his assignment in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase II campaign and the Vietnam Counteroffensive Phase III campaign. 

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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 are not disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Presidential Unit Citation.

2.  General orders awarded the Presidential Unit Citation to the 2nd Battalion, 22nd Infantry Regiment while the applicant was assigned to this unit, as well as the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.
3.  The applicant served 2 years of continuous enlisted active duty service from 14 December 1965 to 13 December 1967, and all of his conduct and efficiency ratings were "excellent" throughout his 2 years of service.  There is also no derogatory information in his military records that could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service.  Therefore, it would be appropriate at this time to award him the Good Conduct Medal for the period 14 December 1965 to 13 December 1967, and to correct his military records to show the award of the Good Conduct Medal.

4.  The applicant participated in two campaigns during his service in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to 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:

1.  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 him the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

	b.  awarding him the Good Conduct Medal for the period 14 December 1965 to 13 December 1967 while serving as a specialist four; and

	c.  showing two bronze service stars to be affixed to his already awarded Vietnam Service Medal.




2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms. 




      ___        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)                                         AR20080005677



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ABCMR Record of Proceedings (cont)                                         AR20080005677



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