IN THE CASE OF:	  

		BOARD DATE:  10 January 2012	

		DOCKET NUMBER:  AR20110014309 


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 Presidential Unit Citation.

2.  The applicant states he would like the Presidential Unit Citation included in his record for participating in the Battle of Soui Tre (Landing Zone Gold) in the Republic of Vietnam on 20 March 1967.  He states he was with Company C, 2d Battalion, 22nd Infantry; he was part of that day with his life on the line; and his records should reflect so.

3.  The applicant provides his DD Form 214.

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 17 December 1965.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 22 September 1966 through on or about 18 September 1967.  During this period of service he was assigned to:

* Company B, 2nd Battalion, 12th Infantry Regiment, from 22 September 1966 through 15 February 1967
* Company C, 2nd Battalion, 22nd Infantry Regiment, from 16 February 1967 through 18 September 1967

4.  On 21 September 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 1 year, 9 months, and 5 days of total active service, including 11 months and 29 days of foreign service.  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  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 Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 through 1 August 1967 by Department of the Army General Orders (DAGO) Number 48, dated 1971.

7.  Department of the Army Pamphlet 672-3 further shows the 2nd Battalion, 22nd Infantry Regiment, was awarded the:

* Presidential Unit Citation for service on 21 March 1967 by DAGO Number 59, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 through 1 August 1967 by DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 through 31 August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 21 January 1970 by DAGO Number 51, dated 1971

8.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

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

10.  General Orders Number 159, Headquarters, 3rd Brigade, 25th Infantry Division, dated 12 September 1967, awarded him the Army Good Conduct Medal (1st Award) for the period 17 December 1965 to 21 September 1967.

11.  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.  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 Vietnam, campaign participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states that an overseas service 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 was 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 were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Presidential Unit Citation was carefully considered and was determined to have merit.

2.  General orders awarded his units of assignment in the Republic of Vietnam the Presidential Unit Citation, three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during the period in which he was assigned and 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.

3.  General orders awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this individual award.

4.  He served in Vietnam from 22 September 1966 through on or about 18 September 1967 and he participated in two campaigns.  Accordingly, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his previously-awarded Vietnam Service Medal.

5.  Additionally, he served a period of service in Vietnam that qualifies him for two overseas service bars; however, only one is shown on his DD Form 214.  Accordingly, it would be appropriate to correct his DD Form 214 to show two overseas service bars.

BOARD VOTE:

____X___  ____X___  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending item 24 of his DD Form 214 to delete the Vietnam Service Medal and one overseas service bar and add:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two 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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014309



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1