IN THE CASE OF:	  

		BOARD DATE:	  3 December 2014

		DOCKET NUMBER:  AR20140005912 


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 add the Army Commendation Medal with "V" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, and Presidential Unit Citation.

2.  The applicant states his DD Form 214 does not list all of his awards. 

3.  The applicant provides:

* DD Form 214
* authorization for issuance of awards, dated 29 November 1984
* citations for award of the Presidential Unit Award and Valorous Unit Award

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 enlisted in the Regular Army on 15 June 1965 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  Special Orders (SO) Number 159, issued by Headquarters, 2nd Training Regiment, Fort Dix, NJ, on 28 July 1965 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 146, issued by 3rd Training Brigade, U.S. Army Training Center, Fort Gordon, GA, on 7 October 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  SO Number 184, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, on 26 July 1967 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

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

	a.  He was assigned to Vietnam from 22 November 1965 to 30 November 1966 and he served with C Company, 1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division from 28 November 1965 to 30 November 1966.

	b.  He was assigned to Vietnam from 20 November 1967 to 7 June 1968 and he served with:

* Company C, 2nd Battalion, 503rd Infantry Regiment, 173rd Airborne Division from 23 November 1967 to 6 December 1967
* Company A, 4th Battalion, 503rd Infantry Regiment from 7 December 1967 to 5 June 1968

7.  General Orders (GO) Number 1569, issued by Headquarters, 173rd Airborne Brigade, Vietnam, on 8 June 1968 awarded him the Army Commendation Medal with "V" Device."

8.  He was honorably released from active duty on 8 June 1968.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Air Medal
* Purple Heart
* Vietnam Service Medal 
* Vietnam Campaign Medal
* Combat Infantryman Badge

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following six campaigns:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

10.  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:

	a.  During his service in Vietnam, with the 1st Battalion, 12th Cavalry Regiment, this unit was cited for award of the:

* Presidential Unit Citation for the period 2 October 1966 to 3 October 1966, by DAGO Number 47, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969, by DAGO Number 56, dated 1969

	b.  Though he provided a citation showing that 4th Battalion, 503rd Infantry Regiment was awarded the Valorous Unit Award, this Army Pamphlet does not contain any record showing the 503rd Infantry Regiment or any of its battalions were awarded the Valorous Unit Award; however:

		(1)  2nd Battalion, 503rd Infantry Regiment was cited for award of the Presidential Unit Citation for the period 6 November 1967 to 23 November 1967, by DAGO Number 5, dated 1979.

		(2)  2nd and 4th Battalion, 503rd Infantry Regiment were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
5 May 1965 to 26 September 1970, by DAGO Number 51, dated 1973.
11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) 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.  

12.  A review of his service records shows he had "excellent" conduct and efficiency ratings, no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 
15 June 1965 through 8 June 1968.

13.  Army Regulation 672-5-1 (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.

DISCUSSION AND CONCLUSIONS:

1.  GO him the Army Commendation Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  GO awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) and the Presidential Unit Citation (2nd Award).  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

3.  He provided a citation showing 4th Battalion, 503rd Infantry Regiment was awarded the Valorous Unit Award.  However, he has not provided orders for this award and Unit Citation and Campaign Participation Credit Register could not validate this information.  Therefore, there is insufficient evidence to justify adding this award to his DD Form 214.  

4.  The evidence of record shows he participated in six campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show one silver and 1 bronze service star affixed to his previously-awarded Vietnam Service Medal.

5.  The evidence of record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to add these badges.

6.  He served honorably during the period 15 June 1965 through 8 June 1968.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received "excellent" conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add 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 
15 June 1965 through 8 June 1968;

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

	c.  adding to his DD Form 214 and issuing him the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver and one bronze service star
* Presidential Unit Citation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

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 the Valorous Unit Award.  



      ___________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)                                         AR20140005912





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005912



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1