IN THE CASE OF:	  

		BOARD DATE:	       4 September 2008

		DOCKET NUMBER:  AR20080005762 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with the period ending 2 October 1969, be corrected to show award of the Presidential Unit Citation.

2.  The applicant states, in effect, that the above citation was awarded to his unit when he served in Vietnam.  

3.  The applicant provides his DD Form 214; and Headquarters, Department of the Army General Orders Number 60, dated 17 October 1969.

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 was inducted into the Army of the United States on 3 October 1967 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  The applicant arrived in Vietnam and was assigned to D Company, 4th Battalion, 12th Infantry, 199th Infantry Brigade on or about 23 March 1968.  He departed Vietnam on or about 22 March 1969 after being credited with participating in four campaigns.

4.  On 2 October 1969, he was honorably released from active duty in the rank of Sergeant (SGT)/E-5 after completing 2 years of creditable active service with no time lost.  

5.  The applicant's DD Form 214 with the ending period 2 October 1969 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Army Commendation Medal with "V" Device, and the Bronze Star Medal.

6.  Headquarters, Department of the Army General Orders Number 60, dated 
17 October 1969, show that D Company, 4th Battalion, 12th Infantry, was awarded the Presidential Unit Citation for extraordinary heroism during the period 5 May 1968 through 10 May 1968.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.  

8.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying.

9.  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 4th Battalion, 12th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 
31 July 1970 based on Headquarters, Department of the Army General Orders Number 51, dated 1971.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 4th Battalion, 12th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 through 31 August 1970 based on Headquarters, Department of the Army General Orders Number 51, dated 1971.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to a unit during a period of time this unit was awarded 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.  His participation in four campaigns makes him eligible to wear four bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

2.  The applicant was separated in the rank of Sergeant with 2 years of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 3 October 1967 through 2 October 1969.

BOARD VOTE:

___xx___  __xx____  ___xx___  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.  by awarding the applicant the Army Good Conduct Medal 
(1st Award) for the period 3 October 1967 through 2 October 1969; and

	b.  by amending his DD Form 214 to add the Army Good Conduct Medal (1st Award), the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be worn on his already-awarded Vietnam Service Medal.



      ________xxxx__________
               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)                                         AR20080005762



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ABCMR Record of Proceedings (cont)                                         AR20080005762



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