IN THE CASE OF:	  

		BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140018274 


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 Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and the Presidential Unit Citation (PUC).

2.  The applicant states his unit was issued the above medals and they are not listed on his DD Form 214. 

3.  The applicant provides an excerpt of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register). 

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 on 7 August 1968.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he held was specialist four (SP4)/pay grade E-4.

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

a. Item 31 (Foreign Service) he was credited with service in Vietnam from 
13 January to 15 December 1969.

     b.  Item 38 (Record of Assignments) shows he was assigned to Company B, 3rd Battalion, 12th Infantry, 4th Infantry Division in the RVN and he received all "excellent" conduct and efficiency ratings throughout his military service.

     c.  Item 41(Awards and Decorations) shows the following:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) 
* Combat Infantryman Badge (CIB)
* Purple Heart (PH)
* Overseas Service Bar (2)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar 

4.  On 15 June 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  He completed 1 year, 10 months, and 9 days of total active service.  His DD Form 214 shows he was awarded or authorized the following:

* NDSM
* VSM with two bronze service stars
* RVN Campaign Medal with Device (1960)
* CIB
* PH
* OSB (2)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  A review of his record indicates he is entitled to additional awards not listed on his DD Form 214.

6.  His record is void of documentation showing he was the subject of any disciplinary action during his active duty service.  There is also no evidence of 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).

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the 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.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign listed in appendix B.  His service in Vietnam coincided with four campaigns:

* Vietnam Counteroffensive, Phase VI , 2 November 1968 to 22 February 1969
* Tet 69/Counteroffensive,  23 February 1969 - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

9.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  The pamphlet shows 3rd Battalion, 12th Infantry, was awarded the:

* PUC for the period 18 May 1967 to 26 May 1967 by Department of the Army (DAGO) 69, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by DAGO 3, dated 1970 and for the period             29 July 1969 to 17 November 1970, by DAGO 52, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period       1 October 1966  through 31 October 1969, by DAGO 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant's unit was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation and two awards of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment with the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  He received "excellent" conduct and efficiency ratings during his service, he was promoted to SP4, and there is no record of any disciplinary action taken against him.  There is also no evidence of a commander's disqualification for award of the AGCM.  Based on his overall record of service, it appears that an administrative error occurred resulting in the applicant not being recommended 
for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 7 August 1968 through 15 June 1970 and to correct his DD Form 214 to show this award.

3.  He was awarded the VSM and he participated in four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his previously-awarded VSM.

4.  The 3rd Battalion, 12th Infantry, was cited for award of the PUC; however, the applicant was not serving with the unit during the period for which it was cited for the award.  Therefore, he is not entitled to correction of his DD Form 214 to show this unit 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 AGCM (1st Award) for the period 7 August 1968 through 15 June 1970; and

   b.  correcting his DD Form 214 by deleting the VSM with two bronze service stars and adding the: 

* AGCM (1st Award)
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined that the evidence presented was 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 award of the PUC.



      _______ _   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)                                         AR20140018274



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ABCMR Record of Proceedings (cont)                                         AR20140018274



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