BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130013550


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 award of the:

* Presidential Unit Citation (PUC)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (RVNCAHM)

2.  The applicant states the PUC, RVNGC, and RVNCAHM were never issued to him while in country or prior to his discharge from the Army.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 (AUS) on 14 December 1965.  He was trained in and awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam with Company A, 3rd Battalion, 22nd Infantry Regiment, from 22 September 1966 to 11 September 1967.  Item 38 (Record of Assignments) of his DA Form 20 shows all of his conduct and efficiency ratings were “excellent.”

4.  The applicant's Army Military Human Resource Record (AMHRR) includes the following two special orders (SO) issued by Headquarters, 4th Infantry Division, Fort Lewis Washington, showing the applicant's marksmanship qualifications:

* SO Number 74, dated 19 March 1966 – M-14 Rifle (marksman)
* SO 217, dated 1 September 1966 – M-16 Rifle (expert)

5.  On 15 September 1967, the applicant was honorably released from active duty with 1 year, 9 months, 2 days of total active service, of which 11 months and 24 days was foreign service.  His DD Form 214 shows he earned the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal
* Combat Infantryman Badge

6.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states that a bronze service star is authorized for the member's participation in each Vietnam campaign.  Appendix B shows the following two campaigns for the period of the applicant's service in the RVN:

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

7.  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 qualifying 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing Soldiers' eligibility for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (3rd Battalion, 22nd Infantry Regiment) earned the PUC, RVNGC with Palm Unit Citation, and RVNCAHM First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the requested awards has been considered and found to have merit.  Based on his service in the RVN with Company A, 3rd Battalion, 22nd Infantry Regiment, from 22 September 1966 to 11 September 1967, he is entitled to the PUC, RVNGC, and RVNCAHM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time.

2.  The evidence of record confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments.  His record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 14 December 1965 through 15 September 1967.

3.  The evidence of record includes official orders showing the applicant qualified as a "expert" with the M-16 rifle and "marksman" with the M-14 rifle.  Therefore, his DD Form 214 should be corrected to show these weapons qualification badges.

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


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 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
14 December 1965 to 15 September 1967; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Expert Marksmanship Qualification Badge with M-16 Rifle Bar
* Marksman Marksmanship Qualification Badge with M-14 Rifle Bar



      _______ _   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)                                         AR20130013550





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ABCMR Record of Proceedings (cont)                                         AR20130013550



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