IN THE CASE OF:	  

		BOARD DATE:	  7 October 2014

		DOCKET NUMBER:  AR20140003966 


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, in effect, correction of his records to show he is authorized the Presidential Unit Citation (PUC), based on his assignment to a unit to which the PUC was awarded.

2.  The applicant states his unit of assignment during his service in Vietnam was awarded the PUC; however, it was not finalized until after his release from active duty.  He would like the award included on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides copies of his DD Form 214, an internet printout of the general orders, and a unit history excerpt.

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 and served on active duty from 6 May 1965 through 5 May 1967.

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

	a.  he was promoted to the rank/grade of sergeant/E-5;

	b.  he completed the following weapons qualifications:

* he qualified as a sharpshooter with the M-14 rifle
* he qualified as an expert with the M-60 machine gun
* he qualified as a marksman with the M-14 E2 automatic rifle

	c.  he served in Vietnam with Company B, 2nd Battalion, 35th Infantry Regiment from 10 January 1966 through 14 January 1967 as an automatic rifleman;

	d.  his conduct and efficiency ratings were “excellent”;

4.  On 5 May 1967, he was honorably released from active duty after completing 2 years of creditable service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* Purple Heart (2nd Award)
* Army Commendation Medal 
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Machinegun Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  General Orders Number 51, issued by the Department of the Army on          27 September 1968, awarded Company B, 2nd Battalion, 35th Infantry Regiment the PUC for its actions on 28 and 29 May 1966.  

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while he was assigned to the Company B, 2nd Battalion, 35 Infantry Regiment, it was cited for award of the PUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

7.  His record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Army Good Conduct Medal.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

9.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  Based on the applicant's dates of service in Vietnam he participated during the following two campaign periods:  

* Vietnam Counteroffensive (25 December 1965 through 30 June 1966)
* Counteroffensive Phase II (1 July 1966 through 31 May 1967)

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded Company B, 2nd Battalion, 35th Infantry Regiment the PUC for its actions on 28 and 29 May 1966; however, the award was not finalized until after the applicant was released from active duty.  Because he did serve with the unit during the period cited for the award, it is appropriate to correct his record to show he is authorized this award.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-5.  The record contains no indication of any disqualifying incidents or recommendations.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for his service from 6 May 1965 through 5 May 1967 and to include it on his DD Form 214.

3.  His award of the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar was omitted from his DD Form 214.  It is appropriate to correct this omission.

4.  He served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal.  It is appropriate to correct the record to reflect these accoutrements. 

5.  In addition to the awards listed on his DD Form 214, he is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It is appropriate to include this award on his DD Form 214.

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.  awarding him the Army Good Conduct Medal for his service from 6 May 1965 through 5 May 1967; and

	b.  amending his DD Form 214 to delete the Vietnam Service Medal and add the: 

* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Vietnam Service Medal with 2 bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20140003966



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ABCMR Record of Proceedings (cont)                                         AR20140003966



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