IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003322 


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 the Presidential Unit Citation (Army) and any other awards he may be entitled to be added his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his unit was awarded the Presidential Unit Citation (Army) for the battle for Dak To.

3.  The applicant provides:  

* his DD Form 214 
* an article from the Veterans of Foreign Wars magazine for March 2006

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.  He was inducted into the Army of the United States on 26 September 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13E (Field Artillery Operator/Intelligence Assistant).

3.  2nd Battalion, 1st Artillery, Fort Sill, OK Special Orders Number 114, dated 
17 July 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  He was assigned to the 6th Battalion, 29th Artillery in the Republic of Vietnam from 1 September 1967 to 18 August 1968.  For the purpose of computing service for the Overseas Service Bar, the applicant served 12 months in the Republic of Vietnam.

5.  On 20 August 1968, he was released from active duty.  He completed 1 year, 10 months, and 25 days of active duty that was characterized as honorable.  
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* One Overseas Service Bar 

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

7.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968) 
* Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968) 
8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 6th Battalion, 29th Artillery the unit received the:

* Presidential Unit Citation (Army) - 29 October - 30 November 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 1 October 1966 - 31 October 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 
1 October 1966 - 31 October 1969

9.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

10.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in effect at the time, governs the requirements for the overseas service bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal could be awarded, 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. 

DISCUSSION AND CONCLUSIONS:

1.  Based on his service in the Republic of Vietnam he is authorized:

* Presidential Unit Citation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to specialist five in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 
26 September 1966 to 20 August 1968 ending with termination of a period of Federal military service.

3.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized  to four bronze service stars to be worn on his Vietnam Service Medal.  

4.  Orders in his Military Personnel Records Jacket (MPRJ) indicate he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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.  awarding him the Army Good Conduct Medal for the period from 
26 September 1966 to 20 August 1968; and

	

	b.  amending item 24 of his DD Form 214 to include the:

* Army Good Conduct Medal
* Presidential Unit Citation (Army)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* 2 Overseas Service Bars




      _______ _   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)                                         AR20110003322



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ABCMR Record of Proceedings (cont)                                         AR20110003322



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