IN THE CASE OF: BOARD DATE: 9 February 2016 DOCKET NUMBER: AR20150008016 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. 2. The applicant states his DD Form 214 does not reflect that he was issued this award while serving in Vietnam and assigned to Company A, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division. He was discharged from the Army shortly after he returned from Vietnam and the award was issued to his unit after his discharge. 3. The applicant provides his DD Form 214; DA Form 1 (Morning Report), dated 15 November 1965; DA Form 305-3 (title unknown); an award citation; and a statement of support, dated 25 April 2015. 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 enlisted in the Regular Army on 10 October 1963. He was promoted to the rank/grade of specialist four (SP4)/E-4 on 15 April 1965. He served in Vietnam for 11 months and 15 days while assigned as follows from: * 16 August 1965 to 28 February 1966, Company A, 1st Battalion, 7th Cavalry Regiment * 1 March to 30 July 1966, Headquarters and Headquarters Company, 1st Battalion, 7th Cavalry Regiment 3. He was honorably released from active duty on 31 July 1966 in the rank of SP4 and he was transferred to the U.S. Army Reserve. He completed 2 years, 9 months, and 21 days of creditable active service with no lost time. 4. The DD Form 214 he was issued shows the: * Vietnam Service Medal * Combat Infantryman Badge (1st Award) * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 5. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 7th Cavalry, was cited for award of the * Presidential Unit Citation for the period 23 October through 26 November 1965, by DA General Orders (DAGO) Number 40, dated 1967 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods: * 14 through 16 November 1965, by DAGO Number 21, dated 1969 * 9 August through 13 November 1965 and 17 November 1965 through 19 May 1969, by DAGO Number 70, dated 1969 6. Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual. The regulation provides that although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. 7. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. 8. His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 9. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 10. Army Regulation 600-8-22 (Military Awards) states: a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of the applicant's records shows that during his service in Vietnam he participated in two campaigns. b. The Vietnam Campaign Medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant’s unit in Vietnam the Presidential Unit Citation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. These unit awards are not shown on his DD Form 214. 2. The evidence of record confirms he served honorably from 10 October 1963 through 31 July 1966. He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his service. His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). He meets the criteria for award of the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service. 3. He participated in two campaigns during his service in Vietnam and served during a qualifying period for award of the Vietnam Campaign Medal and two bronze service stars for wear on his already-awarded Vietnam Service Medal. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION The Board determined the evidence presented is 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 10 October 1963 through 31 July 1966 * deleting the Vietnam Service Medal from his DD Form 214 * adding the following to his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 2 bronze service stars * Vietnam Campaign Medal * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) _______ _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) AR20150008016 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008016 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1