IN THE CASE OF:	  

		BOARD DATE:  3 April 2014

		DOCKET NUMBER:  AR20130013441 


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 (PUC) for service in the Republic of Vietnam (RVN).

2.  The applicant states his unit in the RVN was awarded the PUC.  He would like to have this medal shown on his DD Form 214.

3.  The applicant provides copies of:

* Certificate for award of the PUC to the 2nd Battalion, 5th Cavalry Regiment, dated 23 October 1967
* 1st Air Cavalry Division Cavalier, Volume 2, Number 44, dated November 1965 (8-pages)
* DD Form 214

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.  On 12 December 1963, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Records show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle and Mortar Bars based on:

	a.  his qualifying as expert with the M-14 rifle on 13 January 1965; and

	b.  his qualifying as expert with the 81 millimeter mortar on 29 December 1964.

4.  On 1 July 1965, the applicant was assigned for duty as an ammunition bearer with Company D, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division, located at Fort Benning, GA.

5.  On 15 August 1965, the applicant departed Fort Benning with his unit for duty in the RVN.

6.  Special Orders Number 120, 1st Cavalry Division, dated 29 October 1965, awarded the Combat Infantryman Badge to the applicant.

7.  On 24 November 1965, the applicant departed the RVN.

8.  On 1 February 1966, the applicant was honorably released from active duty.  His DD Form 214 shows his awards as:

* Expert Marksmanship Qualification Badge with Mortar Bar
* Vietnam Service Medal

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.




10.  Army Regulation 600-8-22 (Military Awards):

	a.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN he participated in the Vietnam Counteroffensive.

	b.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

	c.  The Vietnam Campaign Medal with 1960 Device was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	d.  The National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 5th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 40, dated in 1967 for award of the Presidential Unit Citation, and in DAGO Number 59, dated in 1969, for award of  the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  Special orders announced award of the CIB to the applicant.  Therefore, this badge should be shown on his DD Form 214.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Records show that the applicant participated one campaign period during his service in the RVN.  Therefore, he is eligible for award of a bronze service star to be affixed to his already-awarded Vietnam Service Medal.

4.  Records show the applicant’s unit was cited in general orders for award of the Presidential Unit Citation.  Therefore, his records should be corrected to show this unit award.

5.  Records show the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, this medal should be shown on his DD Form 214.

6.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

7.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with 1960 Device.  Therefore, his records should be corrected to show this award.

8.  Records show the applicant qualified as an expert with his rifle and mortar and was awarded the corresponding marksmanship badge.  Therefore his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle and Mortar Bars.

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.  deleting from his DD Form 214 all award entries; and

	b.  adding on his DD Form 214 the following awards:

* Presidential Unit Citation
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit citation
* Republic of Vietnam Campaign Medal with 1960 Device
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle and Mortar Bars




      _______ _  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)                                         AR20130013441





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ABCMR Record of Proceedings (cont)                                         AR20130013441



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