IN THE CASE OF:	  

		BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120019586 


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:

* Valorous Unit Award (VUA)
* Presidential Unit Citation (PUC)
* Meritorious Unit Commendation (MUC)
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

2.  The applicant states he was issued the majority of these awards and decorations, but they are not annotated on his DD Form 214.  The remainder of the requested awards and decorations were not approved until after he separated so, they were not included on his DD Form 214 either.  They were awarded primarily for actions during the Tet Offensive in 1968.

3.  He provides:

* his DD Form 214
* a narrative history of the 199th Infantry Brigade extracted from an internet website
* a depiction of Department of the Army General Orders (DAGO) Number 60, dated 17 October 1969 extracted from an internet website
* a narrative history of the VUA and the criteria for it to be awarded to a unit extracted from an internet website

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 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.  His record shows he was inducted into the Army of the United States on 9 February 1967.  On 21 September 1968, he was released from active duty (REFRAD) with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation.  At the time of his REFRAD he had served 1 year, 7 months, and 13 days of total active service.  

3.  His record contains:

	a.  Headquarters, U.S. Army Training Center (Air Defense), Fort Bliss, TX, Special Orders Number 85, dated 26 March 1967, which awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), effective 20 March 1967.

	b.  Headquarters, U.S. Army Combat Surveillance School/Training Center, Fort Huachuca, AZ, Special Orders Number 218, dated 18 August 1967, which awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), effective 17 August 1967.

4.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  item 31 (Foreign Service) shows he served in the RVN from 11 September 1967 through 20 September 1968.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the RVN he was assigned to Battery C, 2nd Battalion, 40th Artillery Regiment, 199th Infantry Brigade as a Switchboard Operator.

	c.  Item 38 also shows he received "excellent" conduct and efficiency ratings for each of his duty assignments.

	d.  Item 41 (Awards and Decorations) shows award of the

* NDSM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* VSM
* RVN Campaign Medal with Device (1960) 
* VUA by GO Number 307 issued by Headquarters U.S. Army Vietnam, dated 25 June 1968

5.  His DD Form 214 shows he was awarded or authorized the

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)

6.  References:

	a.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that 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 four campaigns:

* Vietnam Counteroffensive Phase III
* TET Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

	b.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the:

* MUC for the period 1 January 1967 through 15 February 1968 by DAGO Number 5, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period 31 January through 19 February 1968 by DAGO Number 43, dated 1970
* RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 by DAGO Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation

	c.  Department of the Army Pamphlet 672-3 also states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

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

	e.  DAGO Number 60, dated 17 October 1969, shows in part, that only the Forward Observer Team of Battery C, 2nd Battalion, 40th Artillery Regiment was awarded the PUC for distinguishing themselves by extraordinary heroism during the period 5 to 10 May 1968, while operationally attached to Company D, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade and engaged in military operations against a hostile force in the RVN.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have partial merit.

2.  His DD Form 214 already shows the NDSM and RVN Campaign Medal with Device (1960); therefore, there is no need to add them to his DD Form 214.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  Records show the applicant participated in four campaigns while serving in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show the bronze service stars.

5.  DAGOs awarded his Vietnam unit the VUA, MUC, RVN Civil Actions Honor Medal First Class Unit Citation, and two RVN Gallantry Cross with Palm Unit Citations.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.  Although he is only entitled to wear one RVN Gallantry Cross with Palm Unit Citation, two should be annotated on his DD Form 214.

6.  DAGO Number 60, dated 17 October 1969, only awarded the Forward Observer Team of the applicant's unit the PUC.  His record is void of any evidence and he has not provided any evidence showing he was assigned to the Forward Observer Team during the period for which they were recognized or at any time during his period of service.  Therefore, he is not entitled to have the PUC annotated on his DD Form 214.

7.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the AGCM.  Therefore, he should be awarded the AGCM (1st Award) for the period 9 February 1967 through 21 September 1968 and his DD Form 214 should be corrected 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 9 February 1967 through 21 September 1968;

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


	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
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-14) and (M-16)

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 correcting his DD Form 214 to show the Presidential Unit Citation.

3.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20120019586





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ABCMR Record of Proceedings (cont)                                         AR20120019586



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