IN THE CASE OF:	  

		BOARD DATE:  3 May 2012

		DOCKET NUMBER:  AR20110022334 


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 and he would like the medal issued to him.

2.  The applicant states he was discharged from the Army in December 1967 and President Johnson didn't give out the award until September 1968.

3.  The applicant provides his DD Form 214 and a newspaper article.

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's records show he was inducted into the Army of the United States on 21 December 1965 and he held military occupational specialty 11C (Indirect Fire Infantryman).  He served in Vietnam from 22 September 1966 to 18 August 1967 while assigned to the 2nd Battalion, 22nd Infantry Regiment.

3.  He was honorably released from active duty on 11 December 1967 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 21 days of creditable active service with no time lost.  

4.  His DD Form 214 shows award of the Vietnam Service Medal with one bronze service star, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the National Defense Service Medal.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 2nd Battalion, 22nd Infantry Regiment, this unit was cited for award of the:

* Presidential Unit Citation, for action on 21 March 1967 by Department of the Army General Orders (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 Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 21 January 1970 by DAGO Number 51, dated 1971

6.  A review of his records indicates entitlement to additional awards.

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the award of the Army Good Conduct Medal.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states 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, the applicant participated in the following two campaigns:

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

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded his unit in Vietnam the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  The evidence of record shows he served honorably from 21 December 1965 through 11 December 1967.  He served in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP4/E-4.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

3.  His record confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to award of one bronze service star for wear on his already-awarded Vietnam Service Medal with one bronze service star and correction of his DD Form 214 accordingly.

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 as follows:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 21 December 1965 through 11 December 1967
* deleting the Vietnam Service Medal with one bronze service star
* adding the:

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

* issuing the Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, and the Presidential Unit Citation to the applicant



      ___________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)                                         AR20110022334





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ABCMR Record of Proceedings (cont)                                         AR20110022334



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