IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100019074 


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 Meritorious Unit Commendation and the Presidential Unit Citation with Oak Leaf Cluster.

2.  The applicant states they were never entered on his DD Form 214.

3.  The applicant provides no additional documentation.

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 9 August 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 13A (Field Artillery).
3.  Special Orders Number 289, Fort Sill, Oklahoma, dated 8 December 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-16].

4.  On 20 January 1968, the applicant was assigned to Battery B, 8th Battalion, 6th Artillery Regiment, located in the Republic of Vietnam (RVN).

5.  On or about 9 January 1969, the applicant departed the RVN for duty at Fort Sill, Oklahoma.

6.  On 8 August 1969, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4 and completed 2 years of creditable active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the:

* National Defense Service Medal
* Vietnam Service Medal with bronze service star
* RVN Campaign Medal with 1960 Device
* Army Commendation Medal with Oak Leaf Cluster
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar [M-14]

8.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that all of his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence showing that the commander took any action to deny him the Army Good Conduct Medal.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; and the Vietnam Counteroffensive, Phase VI.  This regulation also states that a silver service star will be awarded for wear on the Vietnam Service Medal to denote participation in five campaigns.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 8th Battalion, 6th Artillery Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 17, dated in 1968, for award of the Meritorious Unit Commendation; and in DAGO Number 53, dated in 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Meritorious Unit Commendation and the Presidential Unit Citation with Oak Leaf Cluster.

2.  The applicant’s records clearly show he distinguished himself in the performance of his military service, as evidenced by award of the Army Commendation Medal with Oak Leaf Cluster and attaining all "excellent" ratings in conduct and efficiency.  Therefore, it is presumed he was not awarded the Army Good Conduct Medal due to an oversight.  Accordingly, he should be awarded this medal and his DD Form 214 should be corrected to show the award.

3.  Records show the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The applicant's unit was cited in general orders for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

6.  There is no available evidence showing the applicant's unit was recommended for or awarded the Presidential Unit Citation with Oak Leaf Cluster.  Therefore, this portion of his request should be denied.

7.  Special orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-16].  Therefore, his DD Form 214 should be corrected to show this badge.

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 Army Good Conduct Medal for the period 9 August 1967 to 8 August 1969;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with bronze service star; and

	c.  adding to his DD Form 214 the Meritorious Unit Commendation, Army Good Conduct Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 award of the Presidential Unit Citation with Oak Leaf Cluster.



      _______ _   _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)                                         AR20100019074



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ABCMR Record of Proceedings (cont)                                         AR20100019074



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