IN THE CASE OF:  	  

		BOARD DATE:  4 December 2014	  

		DOCKET NUMBER:  AR20140006998 


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 the Presidential Unit Citation (PUC) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, he has a red ribbon with gold border and two oak leaf clusters on his old summer uniform which he believes is the PUC.  It is missing from his DD Form 214 and he would like it added.

3.  The applicant provides no additional evidence.

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 initially inducted into the Army of the United States on 
9 December 1970, then enlisted in the Regular Army on 14 December 1970.  He held military occupational specialty 68E (Aircraft Rotor and Propeller Repairman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 
14 January 1972 through 19 December 1972.  He participated in two campaign periods.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows:

	a.  He was assigned to Company A, 1st Transportation Battalion while deployed to the RVN.  

	b.  He received "excellent" conduct and efficiency ratings for all periods of service.  There is no evidence of any derogatory or disciplinary actions against the applicant or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM). 

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show any unit awards.

6.  He was honorably released from active duty on 17 September 1973.  He completed 2 years, 9 months, and 9 days of active service during this period.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with 1 bronze service star
* RVN Campaign Medal with 1960 device
* 2 overseas service bars
* Sharpshooter Marksmanship Qualification Badge with the Rifle Bar (M-16)

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each campaign.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM may be 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.  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.  Company A, 1st Transportation Battalion, was cited for award of the Meritorious Unit Commendation (MUC) for the period 1 August 1971 to 
15 September 1972, by Department of the Army General Order (DAGO) Number 32, dated 24 September 1973.

	b.  1st Transportation Battalion, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 April 1966 to 31 October 1972, by DAGO Number 6, dated 25 February 1974.

	c.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Although he refers to the award as a PUC, what he describes is a MUC (red with a gold border).  Records show he has qualifying service in a unit which was awarded a MUC.  Additionally, his battalion was awarded the RVN Civil Actions Honor Medal First Class Unit Citation while he was assigned.  Based upon this, his request for the award of the PUC should not be granted, but his DD Form 214 should reflect the award of the MUC and the RVN Civil Actions Honor Medal First Class Unit Citation.

2.  Records also show the applicant:

* received "excellent" conduct and efficiency ratings for each duty assignment and there is no record of a commander's disqualification for award of the AGCM; therefore, it would be appropriate to award this medal for the period from 14 December 1970 through 17 September 1973, and add it to his DD Form 214
* participated in two campaigns that entitled him to two bronze service stars for wear on his already-awarded VSM
* all units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment

3.  Based upon the foregoing, his request for the award of the PUC should not be granted, but those awards and decorations noted above should be awarded and reflected on his DD Form 214.


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.  deleting the Vietnam Service Medal with one bronze service star from his DD Form 214,

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
9 December 1970 through 17 September 1973, and

	c.  adding to his DD Form 214 the following awards:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 award of the Presidential 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)                                         AR20140006998





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ABCMR Record of Proceedings (cont)                                         AR20140006998



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