IN THE CASE OF:	  

		BOARD DATE:	       13 January 2009

		DOCKET NUMBER:  AR20080007671 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Presidential Unit Citation.

2.  The applicant states that he commanded D Company, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade, during the period when it was awarded the Presidential Unit Citation.

3.  The applicant provides a copy of his DD Form 214 and General Orders Number 60, Headquarters, Department of the Army, 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.  On 4 February 1959, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 112.67 (Heavy Weapons Infantryman).  On 1 December 1961, he was discharged for the purpose of immediate reenlistment.   On 2 December 1961, he reenlisted in the Regular Army for another 6 years.  He was subsequently discharged on 8 October 1963 for the purpose of accepting a commission.  He had attained the rank of staff sergeant, pay grade E-6, and had completed 4 years, 8 months, and 5 days of creditable active duty service.

3.  On 9 October 1963, the applicant was appointed a second lieutenant, Infantry, United States Army Reserve, with concurrent call to active duty.

4.  On or about 10 September 1965, the applicant was assigned for duty in Panama.  He served in a variety of duty positions and returned to the United States on 17 November 1966.

5.  On or about 27 March 1967, the applicant was assigned for duty in the Republic of Vietnam.

6.  On 6 April 1967, the applicant was assigned as the Commander, B Company, 2d Battalion, 60th Infantry Regiment, 9th Infantry Division.

7.  On 19 May 1967, the applicant was reassigned as the Assistant Operations Officer (S-3), Headquarters and Headquarters Company, 3rd Brigade, 9th Infantry Division.

8.  On 22 January 1968, the applicant was assigned as Commander, E Company, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade.  On 1 February 1968, the company was renamed D Company.  He served as commander until 29 May 1968 when he returned to the United States.

9.  On 25 July 1971, the applicant was assigned for duty as the Executive Officer, 1st Battalion, 9th Infantry Regiment, 2d Infantry Division, in the Republic of Korea.  He returned to the United States on 15 August 1972.

10.  On 19 June 1981, the applicant was assigned for duty as Comptroller, Headquarters, 2d Infantry Division, in the Republic of Korea.  He served in this position until his return to the United States on or about 28 June 1982.

11.  On 31 August 1984, the applicant retired for length of service.  He had attained the rank of lieutenant colonel, pay grade O-5, and had completed 25 years, 6 months, and 27 days of creditable active duty service.

12.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Distinguished Service Cross, Silver Star, Purple Heart with two Oak Leaf Clusters, Bronze Star Medal with Oak Leaf Cluster, Legion of Merit, Meritorious Service Medal with Oak Leaf Cluster, Air Medal, Army Commendation Medal, Good Conduct Medal, Vietnam Service Medal, Armed Forces Expeditionary Medal, Combat Infantryman Badge, Senior Parachutist Badge, Ranger Tab, Army General Staff Identification Badge, Republic of Vietnam Campaign Medal with Device (1960), Army Service Ribbon, and the Overseas Service Ribbon (two awards).  It does not show award of the Presidential Unit Citation.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods:  the Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; and the Vietnam Counteroffensive, Phase IV.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that D Company, 4th Battalion, 12th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 60, dated in 1969, for award of the Presidential Unit Citation; in DAGO Number 48, dated in 1968, for award of the Valorous Unit Award; in DAGO Number 43, dated in 1970, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 51, dated in 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Korean Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It is authorized for award to members of the armed forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and the period of eligibility are as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

16.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's Personnel Qualification Record, Part II (DA Form 2-1) shows that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] Bar and the Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his unit in the Republic of Vietnam was awarded the Presidential Unit Citation during the time that he was its commander.

2.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

3.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation and the Valorous Unit Award.  Therefore, his records should be corrected to show these unit awards.

4.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

5.  Records show that the applicant served in the Republic of Korea during a qualifying period for award of the Korean Defense Service Medal.  Therefore, his records should be corrected to show this award.

BOARD VOTE:

___X____  ____X__  ___X____  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 showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Presidential Unit Citation, Valorous Unit Award, four bronze service stars to be affixed to his already awarded Vietnam Service Medal, Korean Defense Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.



      ___________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)                                         AR20080007671





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ABCMR Record of Proceedings (cont)                                         AR20080007671



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