BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090014540 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Presidential Unit Citation, and the Expert Marksmanship Qualification Badge with Pistol Bar.

2.  The applicant states that the unit citations were never added to his DD Form 214 even though the citations were presented to him when he departed Vietnam in 1970 and that he qualified expert with the .45 caliber pistol.

3.  The applicant provides a copy of his DD Form 214 for the period ending
22 April 1970; a copy of his DD Form 4 (Enlistment Contract), dated
21 September 1976; a copy of his Standard Form (SF) 88 (Report of Medical Examination), dated 20 September 1976; copies of his National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service) for the period ending 31 August 1975 and 20 September 1977; and a copy of his DA Form 2-1 (Personnel Qualification Record), dated 25 March 1977, in support of his request.

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 records show he enlisted in the Regular Army (RA) for a period of 2 years on 16 September 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty on 22 April 1970 in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.

3.  The applicant’s records show he served in the Republic of Vietnam from
13 February 1969 to 21 April 1970.  He was assigned to Company A, 5th Battalion, 60th Infantry.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 for the period ending 22 April 1970, as corrected by a DD Form 215 (Correction to DD Form 214), dated 2 October 2009, shows he was awarded the Army Commendation Medal (1st oak Leaf Cluster) and "V" Device, Bronze Star Medal (3rd Oak Leaf Cluster) and "V" Device, Combat Infantryman Badge, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Automatic Rifle and Grenade Bars. Sharpshooter Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, and the Purple Heart.

5.  The applicant's records show that after a break in service, he enlisted in the Army National Guard on 8 September 1973 and he remained in that component until he was honorably discharged on 20 September 1977.

6.  The applicant submitted a copy of his DA Form 2-1, dated (prepared) 25 March 1977 that shows he qualified expert with the pistol on 30 October 1976.



7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during its assignment to the Republic of 
Vietnam, the 5th Battalion, 60th Infantry was awarded the Valorous Unit Award from 6 May 1968 to 12 May 1968 and 1 May 1970 to 29 June 1970; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Palm.  There is no indication that the 5th Battalion, 60th Infantry was awarded the Presidential Unit Citation or the Meritorious Unit Commendation.

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Presidential Unit Citation (also known as the Distinguished Unit Citation until 3 November 1966) 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.

	b.  The Meritorious Unit Commendation is awarded for outstanding wartime service of at least 6 continuous months.  Stateside units and those outside the area of operations are excluded.

	c.  The Vietnam Presidential Unit Citation was awarded to all personnel assigned to the Military Assistance Advisory Group, Indo-China, during August and September 1954.

	d.  Marksmanship badges are awarded to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified [emphasis added] in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.  Orders were required during the applicant's period of service; however, they are no longer required for award of the marksmanship qualification badges.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Presidential Unit Citation, Meritorious Unit Commendation, Republic 

of Vietnam Presidential Unit Citation, and the Expert Marksmanship Qualification Badge with Pistol Bar.

2.  With respect to the Presidential Unit Citation and the Meritorious Unit Commendation, there is no evidence that during his assignment to the 5th Battalion, 60th Infantry, this unit was awarded Presidential Unit Citation and/or the Meritorious Unit Commendation.  Additionally, there is no indication in his records that he served with any other unit that was awarded either award.  Therefore, there is insufficient evidence to correct his records to show either award.

3.  With respect to the Vietnam Presidential Unit Citation, this foreign award was awarded to all personnel assigned to the Military Assistance Advisory Group, Indo-China, during August and September 1954.  The applicant was not assigned to that unit in 1954.  Therefore, he does not meet the criteria for award of the Vietnam Presidential Unit Citation.

4.  With respect to the marksmanship badge, there is no evidence in the available record and the applicant did not provide any evidence that shows he qualified with the pistol and/or was awarded any marksmanship badge during the period covered by his DD Form 214.  His 2-1 shows a qualification on 20 September 1977, some 7 years after his release from active duty.  There is no provision to enter this badge on a previously-issued DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x_____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 

are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090014540



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ABCMR Record of Proceedings (cont)                                         AR20090014540



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