IN THE CASE OF:	  

		BOARD DATE:	       13 January 2009

		DOCKET NUMBER:  AR20080006968 


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 record to show award of the Presidential Unit Citation and any other awards or decorations to which he is entitled.

2.  The applicant states, in effect, that an administrative error resulted in the omission of these awards from his record.  He further states that he is attempting to register for benefits from the Department of Veterans Affairs and was unaware of the records correction process until recently.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a page from the Department of the Army Pamphlet 672-3 in support of this 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.  The applicant's record shows that he was inducted into the Army of the United States and entered active duty on 26 January 1967.  He completed basic combat and advanced individual training.  Upon completion of advanced individual training, he was awarded military occupational specialty (MOS) 13A (Canoneer). On 22 January 1968, he was reclassified into MOS 94B (Cook).  The highest rank he attained while serving on active duty was the rank of specialist five (SP5)/pay grade E-5.  

3.  The applicant served a tour of duty in the Republic of Vietnam during the period 25 June 1967 through 18 June 1968.  The applicant's record shows that he served with C Battery, 6th Battalion, 29th Artillery, 4th Infantry Division during his tour of duty in the Republic of Vietnam.  The applicant was released from active duty on 24 January 1969 and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

4.  Both Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) and Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal with bronze service star, two Overseas Service Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.   The Presidential Unit Citation is not shown on his DD Form 214 or his DA Form 20.

5.  A review of the applicant's military personnel records show that he may be entitled to additional awards that are not shown on his DD Form 214.

6.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant received conduct and efficiency ratings of "excellent" throughout the entire period of his military service, his records do not contain any adverse information, and there is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

7.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in three campaigns:  Vietnam Counteroffensive, Phase III (1 June 1967 – 
29 January 1968); Tet Counteroffensive (30 January 1968 – 1 April 1968); and 
Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Presidential Unit Citation for actions during the period from 29 October to 30 November 1967 by Department of the Army General Orders (DAGO) Number 38, dated 1971.

9.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the 
Republic of Vietnam Gallantry Cross with Palm Unit Citations for actions during the period from 1 October 1966 through 31 October 1969 by DAGO Number 3, dated 1970.

10.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the 
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period from 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970.

11.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  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 are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his record should be corrected to show award the Presidential Unit Citation and any other awards or decorations to which he is entitled were carefully considered and determined to have merit.

2.  Records show the applicant was awarded the Vietnam Service Medal with one bronze service star.  However, evidence shows the applicant participated in three campaigns while serving the Republic of Vietnam.  Therefore he is entitled to award of the Vietnam Service Star with 3 bronze service stars.

3.  General Orders show the applicant's unit was awarded the Presidential Unit Citation during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

4.  General Orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment. Therefore, he is entitled to have his records corrected to show this foreign unit award.

5.  General Orders show the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

6.  Records show that the applicant completed a period of active duty enlisted service qualifying for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records 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:

   a.  deleting the Vietnam Service Medal with bronze service star from his DD Form 214;
   
   b.  awarding the applicant Good Conduct Medal (first award) for exemplary conduct, efficiency, and fidelity from 26 January 1967 to 24 January 1969; and
   
   
   
   c.  adding the Good Conduct Medal (first award), the Vietnam Service Medal with 3 bronze service stars, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.



      __________xxx____________
               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)                                         AR20080006968



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ABCMR Record of Proceedings (cont)                                         AR20080006968



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