IN THE CASE OF: BOARD DATE: 14 April 2009 DOCKET NUMBER: AR20090001109 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, in effect, correction of his records to show all of the citations and decorations that he is authorized and that he be provided a DD Form 215 (Correction to the DD Form 214) to show the corrections. 2. The applicant states, in effect, he desires to have his record corrected so that he may be eligible to receive all of the citations and decorations that he was authorized after he was discharged. 3. The applicant provides no additional documentary 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’s military personnel records show he enlisted in the U.S. Army for a period of 3 years and entered active duty on 19 October 1967. Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 63E (Construction Machine Operator). On 16 February 1969, the applicant was promoted to the grade of specialist five/pay grade E-5 and he was awarded MOS 62B (Engineer Equipment Repairman) as his primary MOS. 3. The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record): a. Item 29 (Qualification in Arms) shows he qualified Sharpshooter with the M-14 rifle and Expert with the M-16 rifle. This item also shows he achieved a score of 73 with the M-60 machinegun on 22 May 1967; however, his level of marksmanship qualification is not entered. b. Item 31 (Foreign Service) shows he served overseas in U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 24 March 1968 through 22 March 1969. c. Item 38 (Record of Assignments), in pertinent part, shows he was assigned to the following units in USARPAC RVN: (1) Company D, 168th Engineer Combat Battalion, from 30 March to 22 June 1968; (2) 27th Engineer Battalion (Land Clearing Team), from 23 June to 27 December 1968; (3) Headquarters and Headquarters Company, 62nd Engineer Battalion, from 28 December 1968 to 15 January 1969; and (4) 60th Engineer Company (Land Clearing), 62nd Engineer Battalion, from 16 January to 19 March 1969. d. Item 39 (Campaigns) of this document shows he participated in the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet [1969] Counteroffensive campaigns. e. Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Commander’s Unit Commendation Medal, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and 2 Overseas Service Bars. 4. The applicant's military personnel records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he entered active duty on 19 October 1967. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal with 6 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Unit Commendation Medal. The DD Form 214 also shows the applicant was honorably released from active duty on 16 October 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining military service obligation. At the time he had completed 2 years, 11 months, and 28 days of net active service this period and 11 months and 29 days of foreign service. 5. A search of the U.S. Army Human Resources Command (USA HRC), Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce any award orders pertaining to the applicant. 6. A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214. 7. There is no evidence the applicant received the first award of the Good Conduct Medal. The applicant’s records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout the entire period of his military service. 8. Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam. This document shows the applicant participated in the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 1969 Counteroffensive campaigns. 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 document shows that, at the time of the applicant's assignment to the 27th Engineer Battalion (Land Clearing Team) (USARPAC RVN), the unit was cited for award of the Meritorious Unit Commendation for the period 1 July 1968 to 28 February 1969 by Headquarters, Department of the Army, General Orders Number 51 (1971). This document also shows that, at the time of the applicant's assignment to the 60th Engineer Company (Land Clearing), 62nd Engineer Battalion (USARPAC RVN), the unit was cited for award of the Valorous Unit Award for the period 7 March to 7 April 1969 by Headquarters, Department of the Army, General Orders Number 39 (1970). 10. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to Company D, 168th Combat Engineer Battalion (USARPAC RVN), the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class by Headquarters, General Orders Number 43 (1970). This document also shows that at the time of his assignment, the unit was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974). 11. The applicant’s military personnel records contain a copy of Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Special Orders Number 59, dated 28 February 1968, that show, in pertinent part, he was awarded the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar. 12. The applicant’s military personnel records contain a copy of Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, Colorado, Special Orders Number 154, dated 3 June 1969, that show, in pertinent part, he qualified 1st Class with the M-60 machinegun and was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar. 13. The applicant’s military personnel records contain a copy of Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, Colorado, Special Orders Number 175, dated 24 June 1969, that show, in pertinent part, he was awarded the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar. 14. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. Ratings of "Unknown" for portions of the period under consideration are not disqualifying. Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. 15. Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal. This Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars. 16. Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual. 17. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations. 18. U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units. It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star. 19. Army Regulation 600-8-200 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service. DISCUSSION AND CONCLUSIONS: 1. The applicant contends, in effect, that his records should be corrected with a DD Form 215 to show all of his authorized awards. 2. Records show that the applicant completed a period of active duty enlisted service qualifying for award of the Good Conduct Medal. Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal. 3. Records show that the applicant qualified for award of the Vietnam Service Medal and that he participated in 5 campaigns during his service in the RVN. However, the applicant’s DD Form 214 shows award of the “Vietnam Service Medal with 6 bronze service stars” (i.e., 6 campaigns). Nonetheless, as a matter of policy, no action will be taken to correct the applicant’s DD Form 214 as pertains to his Vietnam Service Medal without his specific request. 4. Records show that General Orders awarded the applicant's unit the Valorous Unit Award. Therefore, it would be appropriate to correct his records to show this unit award. 5. Records show that General Orders awarded the applicant's unit the Meritorious Unit Commendation. Therefore, it would be appropriate to correct the applicant’s records to show the Meritorious Unit Commendation. 6. Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, it would be appropriate to correct his records to show this foreign unit award. 7. Records show that General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class. Therefore, it would be appropriate to correct his records to show this foreign unit award. 8. Records show that Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar. Therefore, it would be appropriate to correct his records to show this badge with the component bar. 9. Records show that Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle and (M-60) Machinegun Bars. Therefore, it would be appropriate to correct his records to show this badge with the respective component bars. BOARD VOTE: ____X____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period from 19 October 1967 to 16 October 1970; and b. adding to item 24 of his DD Form 214 the Good Conduct Medal, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars. _______ _ _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) AR20090001109 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090001109 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1