PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            2 September 1999
	DOCKET NUMBER:   AR1999018950

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that he be awarded the the Republic of Vietnam Gallantry Cross (RVNGC) w/palm; a Presidential Unit Citation (PUC); and a Meritorious Unit Commendation (MUC). 

3.  The applicant states, in effect, that he earned these awards between 
10 February 1968 and 10 February 1969.  

4.  The applicant’s military records show that on 24 August 1967, he was inducted into the Army of the United States for 2 years.  He successfully completed basic training and advanced individual training (AIT) at Fort Jackson, South Carolina.  Upon completion of AIT the applicant was awarded military occupational specialty (MOS) 11B (Infantryman) and was assigned to overseas combat duty in Vietnam for his first permanent duty station.  

5.  The record shows that the applicant served in Vietnam as a member of Company A, 3rd Battalion, 47th Infantry, 9th Infantry Division from 11 February 1968 to 6 February 1969.  His record shows that while in Vietnam he participated in the TET Counteroffensive Campaign; and that he earned the following awards in connection with his Vietnam service:  the Army Commendation Medal (ARCOM) for service; the Combat Infantryman’s Badge (CIB); and the Vietnam Service Medal (VSM).

6.  Upon completion of his tour in Vietnam the applicant was reassigned to Fort Gordon, Georgia where he served until the expiration of his term of service (ETS).  The applicant was released from active duty (REFAD) at his ETS on 
22 August 1969.  At the time of his REFRAD he had completed 1 year,
11 months, and 29 days of honorable active service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued the applicant at separation, listed in block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the following:  the National Defense Service Medal (NDSM); the CIB; the Marksman (Rifle) Badge; the VSM; the Vietnam Campaign Medal (VCM) w/dev 60; the ARCOM; and two Overseas Service Bars. 

7.  Department of the Army (DA) Pamphlet (Pam) 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Conflict) establishes the eligibility of individual members for campaign participation credit and unit citations awarded during the Vietnam Conflict.  Published DA General Orders (DAGO) show the applicant’s unit earned the following awards for the periods indicated:  DAGO 45 1969, the PUC (29 January-4 March 1968); DAGO 36 1970, the MUC (1 January-31 December 1968); DAGO 31 1969, the RVNGC/w palm (1 December 1966-30 June 1968); and DAGO 59 1969, the Republic of Vietnam Civil Actions Medal (19 December 1966-28 January 1969).  All DAGO’s appear to have been published subsequent to the applicant’s REFAD.  
8.  DA Pam 672-3 also lists the following campaigns as taking place during the applicant’s period of assignment to Vietnam:  Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968), Phase V (1 July 1968-1 November 1968); Phase VI (2 November 1968-22 February 1969); and TET Counteroffensive (30 January 1968-1 April 1968).

CONCLUSIONS:

1.  The applicant was assigned to his unit in Vietnam during the periods the unit was recognized with the following awards:  the PUC, the MUC, the RVNGC w/palm; and the RVNCAM.  The Board concluded, even though the DAGO’s authorizing these awards were published subsequent to the his REFAD, the applicant is entitled to these awards because he was a participating member of the unit during portions of the service periods in which these awards were earned.

2.  That the evidence of record shows that the applicant should be credited for his participation in the following Campaigns of the Vietnam Conflict:  the TET Counteroffensive Campaign; and Vietnam Counteroffensive Phases IV, V, and VI.  

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  by awarding the individual concerned the following awards:  the Presidential Unit Citation; the Meritorious Unit Citation; the Republic of Vietnam Gallantry Cross/with palm; and the Republic of Vietnam Civil Actions Medal;

	b.  by granting the individual concerned credit for participation in the following campaigns of the Vietnam Conflict:  the TET Counteroffensive; and the Vietnam Counteroffensive, Phases IV, V, and VI; and 

	c.  by issuing the individual concerned a corrected DD Form 214 which includes the awards and campaign credit listed in a and b above in block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

BOARD VOTE:  

__tnk ___  ___mkp__  __ja____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR1999018950	
SUFFIX		
RECON		
DATE BOARDED	1999/09/01	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1969/08/22	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  77	107.0031	
3.  80	107.0034	
4.  140	107.0094	
5.  141	107.0095	
6.