IN THE CASE OF:	  

		BOARD DATE:  8 November 2012

		DOCKET NUMBER:  AR20120004697 


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 that he be authorized the Presidential Unit Citation and the Valorous Unit Award.
2.  The applicant states he believes his DD Form 214 (Report of Transfer or Discharge) is incorrect because Department of the Army General Orders (DAGO) Number 73 indicate his unit received these awards.

3.  The applicant provides part of DAGO Number 73 and a description of the battle from the internet.

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
22 September 1966.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  His DA Form 20 (Enlisted Qualification Record) shows in: 

	a.  item 38 (Record of Assignments) he:

* was assigned to C Troop, 1st Squadron, 1st Cavalry Regiment in Vietnam from 28 August 1967 through 7 January 1968 
* was reassigned to A Company, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade from 8 January through 1 August 1968
* he received all "excellent" conduct and efficiency ratings throughout his service

	b.  item 41 (Awards and Decorations) the:

* Combat Infantryman Badge
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* One Overseas Service Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machinegun Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.

5.  He returned to the United States and was honorably released from active duty on 5 August 1968 and he was transferred to the Army Reserve as a sergeant.  His DD Form 214 shows his awards as the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Infantryman Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
* Purple Heart
6.  The applicant submitted an internet extract of DAGO Number 73 of 1968 which shows the five section outline and the details that apply to the applicant's unit, the 1st Battalion, 6th Infantry Regiment.  The appearance of this outline seems to give the impression that this unit was awarded the Presidential Unit Citation.  Actually, DAGO Number 73 is comprised of the following five sections:

* Section I – awarded the Presidential Unit Citation to units of the 5th Cavalry, 327th Infantry and the 1st Battalion, 8th Cavalry
* Section II – awarded the Valorous Unit Award to 1st Battalion (less Company D) of the 6th Infantry and to units of the 10th Aviation Brigade and the 9th Infantry
* Section III – awarded the Valorous Unit Award to the 102nd Engineer Combat Battalion
* Section IV – awarded the Meritorious Unit Commendation to numerous units listed in 10 subsections
* Section V – revoked a previously awarded Meritorious Unit Commendation

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows:

   a.  1st Battalion (less D Company), 6th Infantry was authorized the Valorous Unit Award for the period 7 through 11 February 1968 by DAGO Number 73 of 1968.
   
   b  All units in Vietnam were authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 8 of 1974.
   
8.  Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive Phase III – 1 June 1967 - 29 January 1968
* 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.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant believes that DAGO Number 73 of 1968 authorized the Presidential Unit Citation and the Valorous Unit Award to the 1st Battalion, 6th Infantry Regiment.

2.  DAGO Number 73 of 1968 and Army Pamphlet 672-3 both show that the applicant's unit, 1st Battalion, 6th Infantry Regiment is authorized the Valorous Unit Award, but not the Presidential Unit Citation.

3.  The evidence shows he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his DD Form 214 to add this award.

4.  The pamphlet also lists four campaign periods that correspond with the applicant's tour of duty.  Therefore, he is authorized four bronze service stars for wear on the Vietnam Service Medal.

5.  The applicant distinguished himself as evidenced by his exclusively excellent conduct and efficiency ratings, his offense free behavior and his progression to the rank of sergeant.  He should be awarded the Army Good Conduct Medal.

6.  His qualification as a marksman with the machinegun was left off his
DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 

	a.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
22 September 1966 through 5 August 1868; and
   
	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Machinegun Bar
   
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Presidential Unit Citation to the applicant's authorized awards.



      _______ _   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)                                         AR20120004697





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ABCMR Record of Proceedings (cont)                                         AR20120004697



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