IN THE CASE OF:	  

		BOARD DATE:	  22 October 2015

		DOCKET NUMBER:  AR20150004216 


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 all eligible awards, to include the Combat Action Badge and the Presidential Unit Citation.

2.  The applicant states, in effect:

* he served in multiple combat operations as part of the 1st Cavalry Division during his service in Vietnam
* the units to which he was assigned included:

* Battery C, 6th Battalion, 16th Field Artillery Regiment, 1st Cavalry Division
* 1st Battalion, 30th Field Artillery Regiment
* Troop C, 4th Squadron, 12th Cavalry, 5th Infantry Division

* he participated in direct combat with enemy forces
* after his discharge he heard the various units to which he was assigned received the Presidential Unit Citation and Combat Action Badge; therefore he seeks to correct his records to show these awards

3.  The applicant provides:

* DD Form 214 for the period ending 20 November 1967
* Honorable Discharge Certificate
* Vietnam Combat Certificate, undated, issued by the 1st Cavalry Division (Airmobile) 
* extract from an article describing a battle in which the 6th Battalion, 16th Field Artillery Regiment was awarded the Presidential Unit Citation
* memorandum, dated 24 May 1967, subject:  Port Call Instructions, showing the applicant received instructions to depart Vietnam on or about 1 June 1967
* Special Orders (SO) Number 321, dated 17 November 1967, issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, CO, showing the applicant was transferred to the U.S. Army Reserve Control Group (Annual Training) effective 20 November 1967
* SO Number 100, dated 2 May 1967, issued by Headquarters, 1st Battalion, 30 Field Artillery, showing the applicant was being reassigned from Vietnam to Fort Carson, with a report date on or about 4 June 1967
* A statement, dated 29 May 1967, issued by the 1st Howitzer Battalion, 30th Field Artillery, showing the applicant acknowledged he had received his official records to be delivered to his new unit

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's records show he was inducted into the Army of the United States on 29 December 1965.  

3.  SO Number 046, dated 16 February 1966, issued by Headquarters, Fort Polk, shows the applicant was awarded a Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He was honorably discharged on 20 November 1967.  His DD Form 214 shows he completed 1 year, 10 months, and 22 days of net active creditable

service.  Additionally, he served 1 year and 2 months in Vietnam (exact dates are not indicated).  He was awarded or authorized:

* Vietnam Service Medal with one bronze service star
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

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

	a.  Item 31 (Foreign Service), service in Vietnam from on or about 30 May 1966 to 1 June 1967.  He has qualifying service for three campaigns:

* Vietnam Counteroffensive (25 December 1965 to 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968)

	b.  Item 38 (Record of Assignments) shows ratings of "Excellent" for all entries under Conduct and Efficiency.  Additionally, the following units of assignment are shown:

* Battery C, 6th Howitzer Battalion, 16th Artillery Regiment, 1st Cavalry Division (Vietnam), from on or about 16 June 1966 to on or about 14 April 1967
* Battery B, 1st Battalion, 30th Field Artillery Regiment (Vietnam), from on or about 15 April 1967 to on or about 28 May 1967
* Troop C, 4th Squadron, 12th Cavalry Regiment, (Fort Carson, CO) from on or about 5 July 1967 to on or about 19 November 1967

	c.  Item 41 (Awards and Decorations), does not list a Presidential Unit Citation, Combat Action Badge, or Army Good Conduct Medal (1st Award).

6.  Army Regulation 600-8-22 (Military Awards)

	a.  The Combat Action Badge was created to provide special recognition to Soldiers who personally engaged or were engaged by, an enemy.  The award is authorized from 18 September 2001 to a date to be determined.  The award for qualifying service in any previous conflict is not authorized (emphasis added).

	b.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 


7.  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, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

	a.  Battery C, 6th Battalion, 16th Field Artillery Regiment was awarded the Presidential Unit Citation for extraordinary heroism on 27 December 1966 in Department of the Army General Order (DAGO) Number 7, 1970.

	b.  Battery B, 1st Battalion, 30th Field Artillery Regiment was awarded the Meritorious Unit Commendation for the period 1 October 1966 to 30 September 1967 in DAGO Number 48, 1968.

	c.  This pamphlet shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to reflect all awards and decorations for which he was authorized for his Vietnam service, specifically a Presidential Unit Citation and Combat Action Badge.

2.  By regulation, the Combat Action Badge has only recently been made available to eligible Soldiers, starting on 18 September 2001.  The award is not authorized for qualifying service in any previous conflict.  As such, he does not meet the criteria for this award.

3.  DAGO awarded Battery C, 6th Battalion, 16th Field Artillery Regiment the Presidential Unit Citation and Battery B, 1st Battalion, 30th Field Artillery Regiment the Meritorious Unit Commendation during the period he served with those units in Vietnam. 

4.  Additionally, his records show he has qualifying service for three campaigns, although his DD Form 214 only shows one bronze service star, and he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

5.  SO Number 046 awarded him a Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) but it is not reflected on his DD Form 214.  

6.  It appears his term of service met the criteria for award of the Army Good Conduct Medal (1st Award) during the period 29 December 1965 to 20 November 1967.  It would be appropriate to award him this medal and correct his DD Form 214 to show this award.  His records revealed the following:

* there is no derogatory information in his available record
* he received all "excellent" ratings for conduct and efficiency throughout his term of service

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 29 December 1965 through 20 November 1967.

	b.  Deleting the Vietnam Service Medal with bronze service star

	c.  Adding the following awards:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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 award of the Combat Action Badge.  



      _______ _   _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)                                         AR20150004216



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ABCMR Record of Proceedings (cont)                                         AR20150004216



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