RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 December 2005 DOCKET NUMBER: AR20050001807 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. Carl W. S. Chun Director Mr. G. E. Vandenberg Analyst The following members, a quorum, were present: Mr. Bernard P. Ingold Chairperson Mr. Donald W. Steedfott Member Mr. Edward E. Montgomery Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his records be corrected to show award of the Presidential Unit Citation and to receive a 101st Airborne Division's "Gold Eagle Coin". 2. The applicant states that he received the Presidential Unit Citation Ribbon upon return from Vietnam but that it was not recorded on his DD Form 214 (Report of Transfer or Discharge). He states he has documentation indicating he was awarded the "Gold Eagle Coin" but has never received the actual coin. 3. The applicant provides no supporting documentation. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 8 January 1971, the date of his release from active duty. The application submitted in this case is dated 21 January 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. Award and issuance of a unit "coin" is at the discretion of the individual unit. These items are not official Department of the Army items over which the ABCMR has jurisdiction. Therefore, the applicant should contact the 101st Airborne Division directly on this issue and it will not be further addressed. 4. The records show the applicant entered active duty on 11 March 1969. He completed training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantry). 5. A DA Form 20 (Enlisted Qualification Record) indicates at: a. Block 31 (Foreign Service), service in Vietnam from 11 August 1969 through 10 August 1970; b. Block 33 (Appointments), he was advanced to specialist four (E-4) on 26 November 1969; c. Block 38 (Assignments), he served in Vietnam with A Company, 2nd Battalion, 502nd Infantry Regiment; d. Block 38 also records his conduct and efficiency ratings exclusively as excellent; e. Block 39 (Campaigns), he served during two campaign periods; and f. Block 41 (Awards), lists his awards as the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal with "1960" Device, the Expert Badge with Rifle Bar (for the M-16 rifle), and the Marksman Badge with Rifle Bar (for the M-14 rifle). 6. The applicant was honorably released from active duty on 8 January 1971 in the rank of specialist four (E-4). He had 1 year, 9 months, and 28 days of creditable service. 7. His DD Form 214 lists his awards as the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Service Medal with "1960" Device, the Combat Infantryman's Badge, the Expert Badge with Rifle Bar, and two Overseas Service Bars. 8. 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 while the applicant was assigned to A Company, 2nd Battalion, 502nd Infantry Regiment, it was not cited for award of the Presidential Unit Citation but was cited for award of the Vietnam Cross of Gallantry with Palm Unit Citation. 9. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. 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, Appendix B indicates he participated during the following four campaign periods: Vietnam Summer–Fall 1969, 9 June 1969 – 31 October 1969; the Vietnam Winter–Spring 1970, 1 November 1969 – 30 April 1970; the DA Sanctuary Counteroffensive, 1 May 1970 – 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 – 30 June 1971. 10. Army Regulation 600-8-22, chapter 4, states that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than excellent was disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. At that time, a disqualification was normally noted on the DA Form 20. DISCUSSION AND CONCLUSIONS: 1. The record contains no documentation substantiating that the applicant was awarded Presidential Unit Citation or served during a period for which his unit was awarded the Presidential Unit Citation. 2. The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-4. The record contains no indication of any disqualifying incidents or recommendations. It is appropriate to award the applicant the Good Conduct Medal for his period of service from 11 March 1969 through 8 January 1971. 3. In addition to the awards listed on his DD Form 214, the applicant is authorized the Republic of Vietnam Cross of Gallantry with Palm Unit Citation, the Marksman Badge with Rifle Bar, and to wear four bronze service stars on the Vietnam Service Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF _BPI____ __EEM__ __DWS__ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Good Conduct Medal. 2. The Board further determined that, in addition to the awards listed on his DD Form 214, the applicant is authorized the Republic of Vietnam Cross of Gallantry with Palm Unit Citation, the Marksman Badge with Rifle Bar, and to wear four bronze service stars on the Vietnam Service Medal. 3. 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 Presidential Unit Citation. _ _Bernard P. Ingold__________ CHAIRPERSON INDEX CASE ID AR20050001807 SUFFIX RECON DATE BOARDED 20051206 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION Partial Grant REVIEW AUTHORITY ISSUES 1. 107 2. 3. 4. 5. 6.