IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110017875
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 (PUC) be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the unit he served with in the Republic of Vietnam (RVN) was awarded the PUC for the period 5 to 10 May 1968, while he was assigned to the unit.
3. The applicant provides Department of the Army General Orders (DAGO) Number 60, dated 17 October 1969, in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The available record shows after completing Officer Candidate School (OCS) in an enlisted status, the applicant was appointed a second lieutenant in the Infantry of the U.S. Army Reserve (USAR) and entered an active duty status on 9 June 1967.
3. The applicants DA Form 66 (Officer Qualification Record) shows he served in the RVN from 8 February 1968 through 7 February 1969. Item 18 (Record of Assignments) shows that during his RVN tour he was assigned to:
* Company D, 4th Battalion, 12th Infantry Regiment from 10 February through 4 May 1968 performing duties as an infantry platoon leader
* Headquarters and Headquarters (HHC) Company, 4th Battalion, 12th Infantry Regiment from 5 May 1968 through 5 February 1969
4. On 8 September 1969, the applicant was honorably released from active duty, in the rank of first lieutenant, after completing 2 years and 2 months of active military service. The DD Form 214 he was issued at the time shows he earned the following awards:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Silver Star
* Army Good Conduct Medal
* Bronze Star Medal (BSM) 1st Oak Leaf Cluster with V (Valor) Device
* RVN Campaign Medal
* Combat Infantryman Badge
* Valorous Unit Award
5. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows that during the applicants tenure of assignment, his units (Company D and HHC, 4th Battalion, 12th Infantry Regiment) received the following awards for the periods and in the DAGOs indicated:
* VUA, 31 January-19 February 1968, DAGO 48, dated 1968
* RVN Gallantry Cross (RVNGC) with Palm Unit Citation, 19 June 1968-
31 July 1970, DAGO 51, dated 1971
* RVN Civil Actions Honor Medal (RVNCAHM) First Class (FC) Unit Citation, 12 December 1966-31 August 1970, DAGO 51, dated 1971
* PUC, 5-10 May 1968, DAGO 60, dated 1969
6. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraph 2-13 contains guidance on the VSM. It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Table B-1 contains a list of RVN campaigns and shows that during the applicants tenure of assignment participation credit was granted for the following campaigns:
* TET Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the PUC to his record and DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms the applicants unit in the RVN was awarded the PUC for the period
5-10 May 1968, during his tenure of assignment. As a result, it would be appropriate to add this award to his record and DD Form 214.
2. The evidence also shows that based on his RVN service and campaign participation the applicant is also eligible for award of the RVNGC with Palm Unit Citation, RVNCAHM FC Unit Citation, and 4 bronze service stars to be worn with his already-awarded VSM.
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 amending his DD Form 214 for the period ending 8 September 1969 as follows:
a. deleting the current Vietnam Service Medal entry; and
b. adding the Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 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) AR20110017875
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ABCMR Record of Proceedings (cont) AR20110017875
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