IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100012332 


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 award of the Presidential Unit Citation and the Meritorious Unit Commendation.

2.  The applicant states, in effect, his unit was awarded the Presidential Unit Citation and the Meritorious Unit Commendation for a period when he was assigned to the unit.  Orders were published after he left the Army and are not reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also states he was wounded on 8 November 1967.

3.  The applicant provides a copy of his DD Form 214 and copies of pages extracted from General Orders Number 42 and 48.

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 he was inducted into the Army of the United States on 26 August 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was corporal (CPL)/E-4.

3.  His records show he served in Vietnam from 7 March 1967 to 15 November 1967 while assigned to the 1st Battalion, 503rd Infantry and from 14 February 1968 to 4 April 1968 while assigned to 2nd Battalion, 505th Infantry.

4.  On 28 May 1968, he was honorably released from active duty under Army Regulation 635-200 (Enlisted Separations) chapter 5, not by reason of physical disability, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Purple Heart, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Medal with Device (1960), Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship Qualification Badge with Machine Gun Bar [M-60], Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-16], and one overseas service bar.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to 1st Battalion, 503rd Infantry, this unit was cited for award of the Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 5, dated 1979, for the period 6 November 1967 through 23 November 1967; and award of the Meritorious Unit Commendation by DAGO Number 48, dated 1968, for the period 5 May 1965 through 4 May 1967.

7.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

8.  His record reveals he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice on 30 July 1967 for leaving his platoon area in direct violation of his platoon leader's instructions.  This appears to have been a minor infraction and should not have disqualified him for the first award of the Army Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings during his military service with an "unknown" efficiency rating while a patient at Fitzsimons General Hospital, Denver, CO, on  6 April 1968.
9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army 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.  

10.  Department of the Army Pamphlet (DA PAM) 672-3 shows that at the time of his assignment to 1st Battalion, 503rd Infantry, this unit was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by DAGO Number 51, dated 1971, for the period 5 May 1965 through 26 September 1970.  

11.  DA PAM 672-3 shows that at the time of his assignment to 2nd Battalion, 505th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 48, dated 1971, for the period 12 March 1968 through 4 October 1968. 

12.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized for wear on the VSM for participation in each campaign.  Appendix B of the same regulation shows campaign participation credit was awarded for the following campaigns: Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967), Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968), TET Counteroffensive (30 January to 1 April 1968), and Vietnam Counteroffensive, Phase IV (2 April to 30 June 1968).

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded his unit the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit.  Therefore, he is entitled to correction of his records to show these awards.

2.  The evidence of record shows he served honorably from 26 August 1966 through 28 May 1968.  He served in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of CPL/E-4.  Except for an NJP for what appears to be a minor infraction, his record is void of any other derogatory that would have disqualified him from receiving his first award of the Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show it.

3.  His records show he was awarded the VSM.  His records also show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his previously-awarded VSM and correction of 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:

* Awarding him the Army Good Conduct Medal (1st Award) for the period 26 August 1966 through 28 May 1968
* Deleting from item 24 of his DD Form 214 the Vietnam Service Medal
* Adding to item 24 of his DD Form 214 the: 

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100012332



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100012332



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1