IN THE CASE OF:	  

		BOARD DATE:	  16 December 2008

		DOCKET NUMBER:  AR20080006959 


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, correction of his record to show award of two Army Commendation Medals [correctly referred to as the Army Commendation Medal with first oak leaf cluster], the Presidential Unit Citation, and any other awards or decorations to which he is entitled.

2.  The applicant states, in effect, that an administrative error resulted in the omission of these awards from his record.  He further states that he is attempting to register for benefits from the Department of Veterans Affairs and was unaware of the records correction process until recently.

3.  The applicant provides a self-authored statement; a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); an Army Commendation Medal Certificate; and a letter from the Department of the Army, Office of the Adjutant General, Reserve Components Personnel and Administration Center, as additional documentary evidence 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 record shows that he was inducted into the Army of the United States and entered active duty on 19 March 1968.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was the grade of specialist four (SP4)/pay grade E-4.  The applicant served a tour of duty in the Republic of Vietnam during the period 12 August 1968 through 6 August 1969.  The applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement) effective 18 March 1970.

3.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 is blank.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows award of the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Badge with "V" Device, Republic of Vietnam Campaign Medal, and two Overseas Service Bars.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  This item also shows that during his tour of duty in the Republic of Vietnam, the applicant served in Company A, 1st Battalion of the 35th Infantry Regiment in the 4th Infantry Division from 29 August 1968 through 4 August 1969.

6.  Headquarters, United States Army Training Center, Fort Bliss, Texas, Special Orders 109, dated 3 May 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar effective 24 April 1968.

7.  Headquarters, United States Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders 154, dated 17 June 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar effective 7 June 1968.

8.  Headquarters, United States Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders 154, dated 17 June 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar effective 13 June 1968.

9.  Headquarters, 4th Infantry Division, Special Order 281, dated 7 October 1968, awarded the applicant the Combat Infantryman Badge.

10.  Headquarters, 4th Infantry Division, General Orders 160, dated 18 January 1969, awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam.

11.  Headquarters, 4th Infantry Division, General Orders 3903, dated 9 July 1969, awarded the applicant the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period August 1968 to August 1969.

12.  The applicant provides an Army Commendation Medal Certificate, dated 1 August 1969, which shows he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period August 1968 to August 1969.

13.  The applicant provides a letter from the Director of Personnel Services at the Department of the Army, Office of the Adjutant General, Reserve Components Personnel and Administration Center.  The Director of Personnel Services informed the applicant that a review of his military records revealed he was awarded the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with one silver service star, Vietnam Campaign Ribbon with 60- Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Army Commendation Medal with "V" Device, Marksman Marksmanship Badge with Automatic Rifle Bar and Rifle Bar, and Sharpshooter Marksmanship Badge with Machinegun Bar.  The Director of Personnel Services also indicated that the applicant would be provided copies of orders pertaining to the awards and decorations to which he was entitled.  The applicant states that he never received any of the aforementioned orders.

14.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

15.  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.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.

18.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Presidential Unit Citation for actions during the period 28 through 29 May 1966.  There is no indication that the unit was cited for award of the Presidential Unit Citation during the applicant's tenure of assignment.

19.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 August 1967 through 28 July 1969 by Department of the Army General Orders Number 38, dated 1970.

20.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 1 August 1967 through 31 October 1969 by Department of the Army General Orders Number 53, dated 1970.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

22.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam. During the applicant's tour in Vietnam he participated in four campaigns:  the Vietnam Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VI; TET 69 Counteroffensive; and Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

23.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

24.  Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his record should be corrected to show award of two Army Commendation Medals, the Presidential Unit Citation, and any other awards or decorations to which he is entitled were carefully considered and determined to have partial merit.

2.  General Orders awarded the applicant the Army Commendation Medal with "V" Device.  General Orders also awarded the applicant the Army Commendation Medal.  Therefore, the applicant is entitled to have his records corrected to show receipt of the Army Commendation Medal with "V" Device and first oak leaf cluster.

3.  The contemporaneous criteria for award of the Good Conduct Medal during the applicant's period of service mandated that the Soldier must have had all "excellent" conduct and efficiency ratings in order to be eligible.  The record shows the applicant received conduct and efficiency ratings of "excellent" for each of his duty assignments.  Therefore, the applicant is entitled to retroactive award of the Good Conduct Medal and to have his records corrected to show receipt of this award.

4.  Special Orders awarded the applicant the Combat Infantryman Badge.  Therefore, he is entitled to have his records corrected to show receipt of this badge.

5.  Special Orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to have his records corrected to show receipt of this marksmanship badge.

6.  Special Orders awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  Therefore, he is entitled to have his records corrected to show receipt of the Automatic Rifle Bar to be affixed to his Marksman marksmanship badge.

7.  Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  Therefore, he is entitled to have his records corrected to show receipt of this marksmanship badge.

8.  General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

9.  General Orders show the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

10.  Records show the applicant completed a qualifying period of service in the Republic of Vietnam.  Therefore, he is entitled to the Vietnam Service Medal.  Although the Reserve Components Personnel and Administration Center informed the applicant that he was authorized the Vietnam Service Medal with one silver service star [indicating participation in five campaigns], records show the applicant only participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to have his records corrected to show the Vietnam Service Medal with four bronze service stars.

11.  Records show the applicant completed a qualifying period of service in the Republic of Vietnam.  Therefore, he is entitled to have his records corrected to show the Vietnam Campaign Medal with Device (1960).

12.  Records show the applicant completed a qualifying period of honorable active service.  Therefore, he is entitled to have his records corrected to show the National Defense Service Medal.

13.  Although evidence shows the applicant's former unit was awarded the Presidential Unit Citation, the record shows the applicant was not assigned to the unit during the period for which it was recognized.  Therefore, the applicant is not entitled to have his records corrected to show award of the Presidential Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X___  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 partial 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 Good Conduct Medal for the period of 19 March 1968 through 18 March 1970; and

	b.  adding to his DD Form 214 the aforementioned award and

		(1)  the Army Commendation Medal with "V" Device and first oak leaf cluster,

		(2)  the Combat Infantryman Badge,

		(3)  the Marksman Marksmanship Qualification Badge with Rifle Bar and Automatic Rifle Bar,

		(4)  the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar;

		(5)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
		(6)  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,

		(7)  the Vietnam Service Medal with four bronze service stars,

		(8)  the Republic of Vietnam Campaign Medal with Device (1960), and

		(9)  the National Defense Service Medal.

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 Presidential Unit Citation.



      ___________x______________
                 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)                                         AR20080006959



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ABCMR Record of Proceedings (cont)                                         AR20080006959



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