IN THE CASE OF:	  

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120010752 


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 the Presidential Unit Citation and any/all other medals he may have earned.

2.  The applicant states his unit was awarded the Presidential Unit Citation for heroism from 18 to 26 May 1967.

3.  The applicant provides:

* DD Form 214
* General Orders Number 69, dated 7 November 1969
* Citation for award of the Presidential Unit Citation

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 7 December 1965 and he held military occupational specialty 11B (Light Weapons Infantryman).  

3.  He served in Vietnam from on or about 12 September 1966 to 7 September 1967.  He was assigned to Company C, 3rd Battalion, 12th Infantry, 4th Infantry Division.  

4.  General Orders (GO) Number 3423 issued by Headquarters, 4th Infantry Division, on 16 October 1967 awarded him the Army Commendation Medal for meritorious service in Vietnam from September 1966 to September 1967.

5.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 10 September 1967.  He completed 1 year, 9 months, and 4 days of creditable active service with no lost time.  His DD Form 214 further shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Expert Marksmanship Qualification badge with Rifle Bar (M-16)
* Combat Infantryman Badge

6.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

7.  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.

8.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 3rd Battalion, 12th Infantry this unit was cited for award of the:
* Presidential Unit Citation, for valor from 18 to 26 May 1967, based on Department of the Army General Orders (DAGO) Number 69, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1966 to 28 July 1969, based on DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Citation for service from 1 October 1966 to 31 October 1969, based on DAGO Number 53, dated 1970

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in the Republic of Vietnam campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

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

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

2.  GO awarded his unit the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither of which is shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars to be affixed to his Vietnam Service Medal.

4.  He served honorably from 7 December 1965 through 10 September 1967.  He completed a combat tour in Vietnam, attained the rank/grade of SGT/E-5, received multiple awards, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.


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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 7 December 1965 through 10 September 1967
* adding to his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class 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)                                         AR20120010752





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120010752



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1