IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100021417 


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 the award of the Army Commendation Medal and Presidential Unit Citation (Reconnaissance Platoon, 2nd Battalion, 12th Infantry Regiment, 4th Infantry Division).

2.  The applicant states these decorations were not included on his DD Form 214.

3.  The applicant provides copies of the following:

* DD Form 214, effective 13 December 1967
* Army Commendation Medal citation, period 1 September 1966 to 
31 August 1967
* DD Form 1351-2 (Travel Voucher), dated 13 October 1967
* Postal envelopes dated 23 November 1966, 13 June 1967, and 5 August 1967
* History of 2nd Battalion, 12th Infantry Regiment
* Reconnaissance Platoon, Headquarters and Headquarters Company (HHC), 2nd Battalion, 12th Infantry Regiment, 4th Infantry Division, Roster, dated 1 July 2010
* Alpha's Pride magazine, dated 1 October 2007
* Alpha's Pride magazine, dated 1 July 2010



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 are not available for review; however his DD Form 214 shows he was inducted into the Army of the United States on 27 December 1965 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, revealed Headquarters, 25th Infantry Division, General Orders Number 3428, dated 23 August 1967, which awarded the applicant the Army Commendation Medal for the period September 1966 to August 1967.  Further, the applicant provided the corresponding citation for this award.

4.  These same orders show he was assigned to HHC, 2nd Battalion, 12th Infantry, 25th Infantry Division during his tour in the Republic of Vietnam. 

5.  The available records do not show he was assigned to the Reconnaissance Platoon, 2nd Battalion, 12th Infantry Regiment, 4th Infantry Division.  However, historical documents provided by the applicant show the unit was redesignated in 1963 and assigned to the 4th Infantry Division and assigned to the 25th Infantry Division in the Republic of Vietnam. 

6.  He was honorably released from active duty on 13 December 1967 in the rank/grade of sergeant (SGT)/E-5 (temporary) and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).


7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with bronze service star, Combat Infantryman Badge; and the Republic of Vietnam Campaign Medal with Device (1960).

8.  The applicant provides copies of the history of the 2nd Battalion, 12th Infantry; two Alpha's Pride magazines; and Travel Orders which show he traveled from RVN to Fort Carson, CO between 4 September 1967 and 10 October 1967.  In addition, he provides copies of three postmarked letters addressed to him while assigned to HHC, 2nd Battalion, 12th Infantry, 25th Infantry Division and Reconnaissance Platoon, HHC, 2nd Battalion, 12th Infantry, 4th Infantry. 

9.  A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.

10.  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.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following two campaigns, the Vietnam Counteroffensive, Phase II Campaign (1 July 1966 – 31 May 1967) and the Vietnam Counteroffensive, Phase III Campaign (1 June 1967 – 29 January 1968).

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 12th Infantry, 25th Infantry Division was awarded the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 October 1966 to 1 August 1967, by Department of the Army General Orders Number 48, dated 1971; and


b.  Republic of Vietnam Civil Actions Honor Medal, First Class, for the period
1 August 1967 to 21 January 1970, by Department of the Army General Orders Number 51, dated 1971.

13.  The 2nd Battalion, 12th Infantry was awarded the Presidential Unit Citation for events which occurred on 21 March 1966.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the award of the Army Commendation Medal and Presidential Unit Citation.

2.  General orders awarded him the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

3.  The applicant's efficiency and conduct ratings could not be substantiated;
however, the available evidence of record confirms he served honorably during the period 1 September 1966 to 31 August 1967.  He attained the rank/grade of SGT/E-5 and earned a Combat Infantryman Badge during his service.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class during his period of assignment which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  His record confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to one additional bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show a total of two bronze service stars.

6.  With respect to the Presidential Unit Citation, the evidence of record shows he served with the 2nd Battalion, 12th Infantry in Vietnam.  However, this unit was not awarded the Presidential Unit Citation during his period of service with this unit in Vietnam.  Additionally, there is no evidence he served with any other unit that was awarded this award.  Therefore, there is insufficient evidence to show it on his DD Form 214.



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 amending his item 24 of his DD Form 214 for the period ending 13 December 1967 as follows:

	a.  deleting the entry "Vietnam Service Medal w/Bronze Service Star."

	b.   adding:

* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, First Class
* Army Good Conduct Medal for the period 27 December 1965 to 
13 December 1967 (1st Award)
* Vietnam Service Medal with two bronze service stars 

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 the Presidential 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)                                         AR20100021417





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100021417



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1