IN THE CASE OF: BOARD DATE: 1 March 2016 DOCKET NUMBER: AR20150007750 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 (PUC) and any other awards he may be authorized. 2. The applicant states, in effect, his unit was awarded the PUC; however he never received the award prior to his discharge. He didn’t know about it until he spoke with a friend who served with him in Vietnam. 3. The applicant provides a copy of: * General Orders Number 42 * A DD Form 214 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. On 21 January 1969, the applicant was inducted into the Army of the United States. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service) – United States Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 19 June 1969 through 16 September 1969. b. Item 38 (Record of Assignments) he was assigned to – o 23rd Detachment, Adjutant General Administration, Replenishment Detachment, USARPAC from 23 June 1969 to 2 July 1969 o Company B, 4th Battalion, 31st Infantry, 96th Infantry Brigade from 3 July 1969 to 15 September 1969 c. Item 41 (Awards and Decorations) – * National Defense Service Medal (NDSM) * Combat Infantryman Badge (CIB) * RVN Combat Medal with Device (1960) * Purple Heart (PH) * Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 4. On 20 January 1971, he was honorably released from active duty and transferred the U.S. Army Reserve after 2 years of active duty service. 5. His DD Form 214 shows he was awarded the: * NDSM * Vietnam Service Medal with one bronze service star * RVN Campaign Medal * Combat Infantryman Badge * PH * Expert Marksmanship Qualification Badge with Rifle Bar 6. His record is void of documentation showing he was the subject of disciplinary action during his active duty service. He received all "excellent" conduct and efficiency ratings. 7. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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. This pamphlet shows Company B, 4th Battalion, 31st Infantry, 96th Infantry Brigade was cited for the: * PUC for the period 11 to 31 August 1969, by Department of the Army General Orders (DAGO) Number 42, dated 1971 * RVN Gallantry Cross with Palm Unit Citation for the period 24 August to 31 December 1969, by DAGO Number 6, dated 1974 9. Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. 10. Army Regulation 635-5 (Separations Documents), then in effect, stated the DA Form 20 and any other available documents were among those source documents to be used when preparing the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The unit he was assigned to during his service in RVN was cited for the PUC and the RVN Gallantry Cross with Palm Unit Citation. Therefore, these unit awards should be added to his DD Form 214. 2. He received "excellent" conduct and efficiency ratings during his service, he was promoted to specialist four (SP4), and there is no record of any disciplinary action taken against him. Based on his overall record of service, it appears that an administrative error occurred resulting in him not being recommended for or awarded the first award of the AGCM. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 21 January 1969 to 20 January 1971 and correct his final DD Form 214 to show this award. 3. The applicant’s DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which are not shown on his DD Form 214. 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: a. Awarding him the AGCM (1st Award) for the period 21 January 1969 to 20 January 1971 and b. Adding the following awards to his DD Form 214: * PUC * RVN Gallantry Cross with Palm Unit Citation (1st Award) * AGCM (1st Award) * Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) _______ _ _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) AR20140006713 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007750 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1