IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100022888


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 that he be issued a DD Form 214 showing all awards “merited” including the following:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Bronze Star Medal
* Presidential Unit Citation
* Meritorious Unit Commendation

2.  The applicant states “poor administration of period.”

3.  The applicant provides two pages of his DA Form 20 (Enlisted Qualification Record) and a copy of a citation showing he was awarded the Bronze Star Medal.

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 was inducted into the Army of the United States on
20 September 1966.  He completed the training requirements and he was awarded military occupational specialty 94B (Cook).

3.  He arrived in Vietnam on 11 January 1968.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 12th Infantry Regiment.  He participated in the following campaigns:

* Vietnamese Counteroffensive Phase III Campaign, which extended from 1 June 1967 through 29 January 1968
* Tet Counteroffensive Campaign, which extended from 30 January 1968 through 1 April 1968
* Vietnamese Counteroffensive Phase IV Campaign, which extended from 2 April 1968 through 30 June 1968
* Vietnamese Counteroffensive Phase V Campaign, which extended from 1 July 1968 through 1 November 1968

4.  The applicant departed Vietnam on 5 August 1968.  He was honorably released from active duty on 8 September 1968, as an overseas returnee.

5.  The DD Form 214 he received shows he was awarded the National Defense Service Medal.  His DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge (Rifle M-16).

6.  There is no information contained in the applicant’s official records which would have disqualified him for award of the Good Conduct Medal (1st Award).

7.  The applicant provides a copy of a citation showing he was awarded the Bronze Star Medal for the period September 1967 to September 1968.  However, there are no orders contained in the applicant’s records showing he was awarded the Bronze Star Medal.

8.  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 United States 
Army Human Resources Command, failed to reveal any orders awarding him the Bronze Star Medal.

9.  A review of the available evidence does not show the unit to which the applicant was assigned was ever cited in orders for award of the Presidential Unit Citation or the Meritorious Unit Commendation.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to August 1968 by Department of the Army General Order (DAGO) Number 48, dated 1971; the Valorous Unit Award for the period 31 January 1968 to 18 February 1968 by DAGO Number 48, dated 1968; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970 by DAGO Number 51, dated 1971.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

12.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

13.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

14.  Army Regulation 600-8-22 states the Presidential Unit Citation 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. 

15.  Army Regulation 600-8-22 states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operation.  The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual.  

16.  U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  His supporting documents have been considered.

2.  There is no evidence in the available record showing he was awarded the Bronze Star Medal, and the citation he provided is insufficient evidence on which to base adding the award to his DD Form 214.  Therefore, it should not be added on his DD Form 214.

3.  The available records failed to show his unit was awarded the Presidential Unit Citation and the Meritorious Unit Commendation.  These awards should also not be added to his DD Form 214.

4.  The applicant is authorized award of the Good Conduct Medal (1st Award) for his service from 20 September 1966 through 8 September 1968.  This award should be added to his DD Form 214 along with the following awards:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Valorous Unit Award
* Marksman Marksmanship Qualification Badge (Rifle M-16)

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 
awarding him the Good Conduct Medal (1st Award) for the period 20 September 1966 through 8 September 1968 and amending his DD Form 214 to add the following awards:

* Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Valorous Unit Award
* Marksman Marksmanship Qualification Badge (Rifle M-16)

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 amending his DD Form 214 to show the Bronze Star Medal, the Presidential Unit Citation, and the Meritorious Unit Commendation.  




      __________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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100022888



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