IN THE CASE OF:	  

		BOARD DATE:	 24 September 2008 

		DOCKET NUMBER:  AR20080008489 


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 records be corrected to show that he was awarded the Presidential Unit Citation (PUC), qualification with the .50 caliber machinegun and all other awards to which he is entitled.  

2.  The applicant states, in effect, that his records should be corrected to reflect all awards to which he is entitled to receive. 

3.  The applicant provides a letter dated 4 April 2008 from the National Personnel Records Center (NPRC).

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 in Baltimore, Maryland on 23 September 1965.  He successfully completed his training as a cook and was assigned to Fort Riley, Kansas for his first duty assignment.  He was advanced to the pay grade of E-4 on 16 November 1966.

3.  On 28 November 1966, he was transferred to Vietnam with his unit, Company A, 9th Signal Battalion, 9th Infantry Division.

4.  On 28 April 1967, he was transferred to the 329th Transportation Company (Heavy Boat).  He was promoted to the pay grade of E-5 on 25 October 1967.

5.  He departed Vietnam on 8 November 1967 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) as an overseas returnee.  He had served 1 year, 11 months and 16 days of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal.

6.  On 4 April 2008, the NPRC dispatched a letter to the applicant informing him that the Bayonet Badge w/bar was a one-time issue and may be purchased from civilian vendors.  It also informed him that in addition to the awards listed on his DD Form 214, he was also entitled to award of the Expert Marksmanship Badge with rifle bar.

7.  A review of the applicant’s official records shows that he was awarded the Bayonet Badge with bar in Special Orders 25 issued by Headquarters, Fort Riley. He also participated in two campaigns while serving in Vietnam.  His records further indicate that he familiarized with the .50 caliber machinegun on 25 January 1967; however, he did not qualify with that weapon.   There is no indication that the applicant’s units were awarded the Presidential Unit Citation (PUC).  The applicant’s records also reflect that he received excellent conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Good Conduct Medal (GCMDL).

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Meritorious Unit Commendation (MUC), the  Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) during the period he was assigned to the unit.  Additionally, he participated in two campaigns while assigned to Vietnam and is entitled to be awarded two bronze service stars for wear on his already-awarded VSM.

9.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.
  
DISCUSSION AND CONCLUSIONS:

1.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the GCMDL for his service from 23 November 1965 through 8 November 1967.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the GCMDL and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

2.  The applicant not receiving the GCMDL was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served. Therefore, in the interest of justice, the applicant should receive the GCMDL at this time.
   
3.  Additionally, the applicant was awarded the Bayonet Badge w/bar and the Expert Marksmanship Badge with rifle bar and is entitled to have those badges added to his DD Form 214 at this time.

4.  The evidence of record also shows that the applicant is entitled to be awarded the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) and two bronze service stars for wear on his already awarded VSM.

5.  However, the evidence of record fails to show that he is entitled to awards of the PUC and a marksmanship badge for the .50 caliber machinegun.  Accordingly, there appears to be no basis to grant that portion of his request.    
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  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:

   a.  by awarding him the GCMDL for the period of 23 November 1965 to 8 November 1967, while serving in the rank of specialist five (SP5).
   
   b.  by adding his awards of the Expert Marksmanship Badge with rifle bar and the Bayonet Badge w/bar; and 
   
   c.  by awarding him the Meritorious Unit Commendation (MUC), the  Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) and two bronze service stars for wear on his already awarded VSM.
	
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 adding awards of the PUC and a marksmanship badge for the .50 caliber machinegun.










3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.
  




                                                                _______ _   __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)                                         AR20080008489





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008489



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1