IN THE CASE OF:	  

		BOARD DATE:	  29 September 2009

		DOCKET NUMBER:  AR20090008922 


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

2.  The applicant states that he was drafted in 1965 and that he completed his training at Fort Lewis, Washington.  He states that he went to Vietnam and that he was assigned to C Company, 2nd Battalion, 22nd Infantry Regiment, 4th Infantry Division.  He states that he was later assigned to E Company, 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division until he returned to the United States and was discharged on 20 September 1967.

3.  The applicant provides no additional documentation in support of his 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.  On 7 December 1965, the applicant was inducted into the Army in Honolulu, Hawaii.  He successfully completed his training as an infantry indirect fire crewman.  He was assigned to C Company, 2nd Battalion, 22nd Infantry Regiment, 4th Infantry Division when the unit was transferred to Vietnam on 22 September 1966.  

3.  On 18 August 1967, while he was in Vietnam, he was reassigned to E Company, 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division.

4.  The applicant returned to the Continental United States on 16 September 1967 and on 20 September 1967 he was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee after completing 1 year, 9 months, and 14 days of creditable active service with no lost time.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was awarded the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), the National Defense Service Medal, the Vietnam Service Medal w/one bronze service star, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal with Device 1960, and two Overseas Service Bars.  His DA Form 20 also shows that his conduct and efficiency ratings were "excellent" while he was in the Army.

6.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Combat Infantryman Badge, and two Overseas Service Bars.

7.  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 the 2d Battalion, 22d Infantry was cited for award of the Presidential Unit Citation for action on 21 March 1967 in Department of the Army General Order (DAGO) Number 59, dated 1968; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 1 August 1967 in DAGO Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 in DAGO Number 59, dated 1969.
8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the following two campaigns during his tour of duty in the Republic of Vietnam:  the Vietnam Counteroffensive, Phase II Campaign, which extended from 1 July 1966 through 31 May 1967; and the Vietnam Counteroffensive, Phase III Campaign, which extended from 1 June 1967 through 29 January 1968.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he is authorized the Presidential Unit Citation.

2.  His contentions have been noted and are not without merit.  His records show that he was assigned to a unit during a period of time it was awarded the Presidential Unit Citation.  Therefore, this award should be included on his DD Form 214.

3.  He was also assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class United Citation.  These awards should also be included on his DD Form 214.

4.  The applicant participated in two campaigns while he was in Vietnam.  Therefore, he is entitled to two bronze service stars to be worn on his 
already-awarded Vietnam Service Medal.  Additionally, his DA Form 20 shows that he was awarded the Sharpshooter Marksmanship Qualification Badge (Rifle M-14) which should have been included on his DD Form 214 at the time of his REFRAD.  

5.  Based on the criteria contained in Army Regulation 672-5-1 in effect at the time, the applicant is qualified for award of the Army Good Conduct Medal and his records should be corrected accordingly.
6.  In view of the foregoing, it would now be appropriate to correct the applicant’s records as recommended below.

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:

   a.  awarding him the Good Conduct Medal for exemplary service from 7 December 1965 through 20 September 1967 while serving in the rank of specialist four (E-4); and 
   
   b.  amending his DD Form 214 to show that he was awarded the Good Conduct Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Rifle M-14), and two bronze service stars to be worn on his already-awarded Vietnam Service Medal.  




      _______ _   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)                                         AR20090008922



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ABCMR Record of Proceedings (cont)                                         AR20090008922



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