IN THE CASE OF:	  

		BOARD DATE:	       4 September 2008

		DOCKET NUMBER:  AR20080008594 


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 is authorized the Presidential Unit Citation and four bronze service stars for wear on the Vietnam Service Medal.

2.  The applicant states, in effect, that Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) and the attached citations show he is authorized these awards.

3.  The applicant provides copies of an extract of Army Pamphlet 672-3; DA Form 20 (Enlisted Qualification Record); report of separation medical exam; two citations for the Presidential Unit Citation; National Personnel Records Center Test Form 99-2A, dated 17 August 1999; DA Form 1577 (Authorization for Issuance of Awards), dated 17 August 1999 [two pages]; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and DD Form 215 (Correction to DD Form 214).

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 on 3 April 1967, completed training as a light weapons infantryman, and was posted to Vietnam.

3.  He arrived in Vietnam on 5 September 1967 and was assigned to Company A, 3d Battalion, 22nd Infantry, 25th Infantry Division.  He was awarded the Army Commendation Medal with "V" Device on 18 March 1968 and the Combat Infantryman Badge on 1 April 1968.  In January 2001, U.S. Army Personnel Command awarded him the Purple Heart for wounds sustained in action on 7 February 1968.

4.  The applicant was promoted to sergeant (E-5) on 5 July 1968 and returned to the U.S. on 30 August 1968.  Item 36 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were exclusively excellent.

5.  On 2 April 1969, he was separated from active duty and transferred to the Army Reserve Control Group (Annual Training).  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960-), Army Commendation Medal with "V" Device, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machine Gun Bars and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  The DD Form 215 later added the Purple Heart.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

7.  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 service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he served during four campaign periods.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Army Pamphlet 672-3 shows that 3d Battalion, 22d Infantry (less Company C), was awarded the Presidential Unit Citation for action on 21 March 1967 before the applicant's arrival in Vietnam.  The entire 3d Battalion was awarded the Valorous Unit Award for action during the period from 27 August through 31 October 1968 by Department of the Army General Order Number 42 of 1969.

11.  The 3d Battalion, 22d Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 August 1967 through August 1968 by Department of the Army General Order Number 48 of 1970 and the Republic of Vietnam Civil Actions Honor Medal First Class was awarded for the period 1 August 1967 through 21 January 1970 by Department of the Army General Order Number 51 of 1971.

12.  One of the citations [or proposed citations] included with the application cites elements of the 3d Battalion, 22d Infantry, and attached units for action on 2 February 1968.  The other cites 3d Battalion, 22d Infantry, and two artillery batteries for action on 31 December 1967.  There is no indication of what occurred during the processing of these two documents.


DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service as evidenced by his evaluations, awards, and promotion to sergeant.  He should be awarded the Army Good Conduct Medal.

2.  The applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the previously awarded Vietnam Service Medal.

3.  The Valorous Unit Award was awarded for a period that included the end of his tour of duty and should be added to the list of his authorized awards.  However, the Presidential Unit Citation was awarded for action that occurred before the applicant's arrival in Vietnam.

4.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for periods that included the applicant's tour of duty.

5.  The Good Conduct Medal, Valorous Unit Award, a total of four bronze service stars for wear on the Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation should be shown on the applicant's DD Form 214.
 
6.  The applicant's request for the Presidential Unit Citation should be denied since there is no evidence that the awards represented by the citations included with his application were approved.

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 by:

   a.  awarding him the Good Conduct Medal; and
   
   b.  showing that, in addition two the awards currently listed on his DD Form 214, his authorized awards include the Good Conduct Medal, four vice two bronze service stars for wear on the Vietnam service Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 authorization 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)                                         AR20080008594



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ABCMR Record of Proceedings (cont)                                         AR20080008594



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