IN THE CASE OF:	  

		BOARD DATE:	    10 April 2012

		DOCKET NUMBER:  AR20110019908 


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 record to show the Presidential Unit Citation (PUC).

2.  He states he was discharged before the award was approved.

3.  He provides a unit association newsletter.

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 15 August 1966.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  His record shows he achieved the rank/grade of sergeant/E-5.
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he was credited with service in Vietnam from 7 February 1967 to 6 February 1968
* item 38 (Record of Assignments) he was assigned to duty in Vietnam with Company C, 2d Battalion, 22d Infantry, from 15 February 1967 to 3 February 1968
* item 38 he received all "excellent" conduct and efficiency ratings with the exception of one period of "unknown" ratings

4.  He was honorably released from active duty on 6 August 1968 after completing 1 year, 11 months, and 22 days of total active service.

5.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the:

* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal
* Vietnam Service Medal (VSM)
* two Overseas Service Bars
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge (M-14 Rifle)
* First Class Gunner Marksmanship Qualification Badge (M-60 Machine Gun)
* Sharpshooter Marksmanship Qualification Badge (M-16 Rifle)

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 2d Battalion, 22d Infantry, was cited for award of the:

* PUC for actions on 21 March 1967, by Department of the Army General Order (DAGO) Number 59, dated 1968
* RVN Gallantry Cross with Palm Unit Citation for the periods: 

* October 1966 to 1 August 1967, by DAGO 3, dated 1970, as amended by DAGO 48, dated 1971 
* 1 August 1967 to August 1968, by DAGO 48, dated 1971

* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970, by DAGO 51, dated 1971

7.  A review of the available records indicates entitlement to additional awards and decorations not shown on his DD Form 214.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.

9.  His record is void of documentation showing he received a commander's disqualification for award of the AGCM or that he was convicted by court-martial.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with three campaigns:  

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

DISCUSSION AND CONCLUSIONS:

1.  The record shows the applicant served in Vietnam during periods for which his unit was cited for award of the PUC, RVN Civil Actions Honor Medal First Class Unit Citation, and twice for award of the RVN Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his DD Form 214 to show these unit awards.

2.  The FSM received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of conviction by court-martial and no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 15 August 1966 to 6 August 1968 and to correct his DD Form 214 to show this award.

3.  He was awarded the VSM and he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on the previously-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:

	a.  awarding him the AGCM (1st Award) for the period 15 August 1966 to 6 August 1968; 

	b.  deleting the VSM from his DD Form 214; and 

	c.  adding to his DD Form 214 the:

* AGCM (1st Award)
* VSM with three bronze service stars
* PUC
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation (2d Award)



      ___________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)                                         AR20110019908





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ABCMR Record of Proceedings (cont)                                         AR20110019908



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