IN THE CASE OF:  	  

		BOARD DATE:  7 July 2015  	  

		DOCKET NUMBER:  AR20140020131 


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 Presidential Unit Citation with First Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the "RECONDO #311."  

2.  The applicant states these awards were omitted from his DD Form 214 and he needs to verify them for wear on his uniform for Veterans of Foreign Wars functions.

3.  The applicant provides copies of:

* DD Form 214
* parts of Department of the Army General Order (DAGO) Number 38, dated 1971
* DAGO Number 53, dated 1970
* DAGO Number 3, dated 1970
* a 19 February 1967 Letter of Commendation
* a 23 February 1967 Military Assistance Command, Vietnam (MACV) Reconnaissance and Commando (RECONDO) School attendance selection letter
* a 1967 personal letter from the applicant to his family



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 served on active duty from 3 December 1965 through 7 September 1967.  

3.  On 23 February 1967, the applicant's unit commander notified the applicant of his selection to attend the MACV RECONDO training and encouraged him to do well for the honor of the unit.  

4.  In his 5 March 1967 letter to his family, he stated he was one of 14 remaining students of the original 53 in his RECONDO class.  The next day they were to go to the field for the final tests.

5.  His DA Form 20 (Enlisted Qualification Record) shows the following –

* promotion to sergeant (E-5) on 27 May 1967
* initially awarded the military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons Infantryman) in 1966
* retraining into the MOS 54E (Nuclear, Biological and Chemical Warfare Specialist) in 1967
* service in Vietnam from 15 September 1966 through 6 September 1967
* service in Vietnam with Headquarters and Headquarters Company, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division
* Vietnam Service Medal, National Defense Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960) and the Marksman Marksmanship Qualification Badge with Rifle Bar

6.  His DD Form 214 lists his awards as National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and Good Conduct Medal.
7.  The extract of DAGO Number 38, dated 1971 provided by the applicant shows award of the Presidential Unit Citation with First Oak Leaf Cluster to the 3rd Battalion, 12th Infantry Regiment for the period 29 October 1967 – 30 November 1967.  The applicant also underlined the dates for award of the Presidential Unit Citation to the 2nd Battalion.

8.  The MACV RECONDO school initiated by General Westmoreland in Vietnam in 1966 was a 3-week highly specialized infantry training course to train Soldiers in long-range reconnaissance patrolling techniques.  It had an average failure rate of 50 percent.  The school was disbanded in 1970.  Upon successful completion of the school students were authorized to wear the Recondo patch, a downward-pointing arrowhead.  To distinguish Soldiers trained in the States from those trained in Vietnam, a large ‘V’ was added beneath the word ‘Recondo’ printed on top.  The Recondo patch was worn on the breast pocket.  

9.  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 pamphlet shows that while the applicant was assigned to the 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division, it was cited for award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that would be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214 and stated that all awards and decorations for the period of service covered by the DD Form 214 were to be listed in the priority sequence.  Each entry would be verified by the Soldier's records.  Abbreviations were not to be used.

11.  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.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following two campaign periods:  Counteroffensive Phase II, 1 July 1966 - 31 May 1967 and Counteroffensive Phase III, 1 June 1967 - 29 January 1968.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal.  Therefore, it would be appropriate to correct the DD Form 214 to show these appurtenances.

2.  The Marksman Marksmanship Qualification Badge with Rifle Bar was omitted from his DD Form 214; therefore, it would be appropriate to add this badge to his DD Form 214.

3.  In addition to the awards listed on the DD Form 214, the applicant is also shown to be authorized the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  The applicant served in Vietnam from 15 September 1966 through 6 September 1967.  He is not shown to have been assigned to the 3rd Battalion, 12th Infantry Regiment during the period it was awarded a second Presidential Unit Citation.  

5.  Furthermore, the second highlighted dates on the DAGO provided are for the 2nd Battalion's award of Presidential Unit Citation not the 3rd Battalion's award.  

6.  The RECONDO patch is a uniform item not an award; as such, it would not be recorded on the 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 from his DD Form 214; and

	b.  showing that, in addition the awards shown on the DD Form 214, the applicant is also authorized the Vietnam Service Medal with two bronze service stars, Marksman Marksmanship Qualification Badge with Rifle Bar, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the 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 a second Presidential Unit Citation and the RECONDO patch.  

      
      
      ____________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)                                         AR20140020131



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ABCMR Record of Proceedings (cont)                                         AR20140020131



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