IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150008406 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). 2. The applicant states he served with Company D, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade in the Republic of Vietnam, and that unit was awarded the PUC for actions during the period 5-10 May 1968, which was during the period in which he was assigned. This award is not listed on his DD Form 214. 3. The applicant provides a copy of his DD Form 214 and a copy of Department of the Army General Orders (DAGO) Number 60. 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 was inducted into the Army of the United States on 27 September 1967. He completed training and was awarded military occupational specialty 11C (Infantryman Indirect Fire Crewman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 29 (Qualification in Arms), he qualified as an Expert on the M-14 (Rifle) and the 81mm Mortar (Mortar) and as a Marksman on the M-16 (Rifle) and the .45 Caliber (Pistol). b. Item 31 (Foreign Service), he served in the Republic of Vietnam from 7 March 1968 through 5 March 1969. c. Item 38 (Record of Assignments), he served with Company D, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade during his service in the Republic of Vietnam. 4. He provides DAGO Number 60, dated 17 October 1969, which awarded the PUC to Company D, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade and its attached units, for extraordinary heroism during the period 5 to 10 May 1968, while engaged in military operations against a hostile force in the Republic of Vietnam. 5. He was honorably released from active duty and transferred to the U.S. Army Reserve on 26 June 1969. His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal * Army Commendation Medal with "V" Device * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar, shown as "Expert (Rifle)" 6. His record indicates he is entitled to additional awards that are not shown on his DD Form 214. 7. There is no indication in his available record that shows he was awarded the Army Good Conduct Medal. Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. There is no evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15 of the Uniform Code of Military Justice. 8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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, and he/she could not have been convicted by court-martial. 9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. A silver service star is worn instead of five bronze service stars. Table B-1 shows during his service in Vietnam, campaign participation was awarded for the following five campaigns: * TET Counteroffensive (30 January 1968 - 1 April 1968) * Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968) * Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968) * Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969) * TET 69 Counteroffensive (23 February 1969 - 8 June 1969) b. The Marksmanship Qualification Badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification should be shown as: Expert Marksmanship Qualification Badge with Rifle Bar. 10. 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 the 4th Battalion, 12th Infantry Regiment, to which the applicant was assigned, was cited for the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 19 June 1968 - 31 July 1970, by DAGO Number 51, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 12 December 1966 - 31 August 1970, by DAGO Number 51, dated 1971 DISCUSSION AND CONCLUSIONS: 1. The applicant served in the Republic of Vietnam from 7 March 1968 to 5 March 1969, during which time he was assigned to Company D, 4th Battalion, 12th Infantry Regiment, of the 199th Infantry Brigade. 2. General orders awarded his unit the PUC for extraordinary heroism during the period 5 to 10 May 1968, a period that coincided with his period of assignment. Additionally, general orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not shown on his DD Form 214. 3. He served honorably from 27 September 1967 to 26 June 1969. His record shows he received all “excellent" conduct and efficiency ratings throughout his service. There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal. Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award. 4. The applicant participated in five campaigns during his service in the Republic of Vietnam. The applicable Army regulation states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. His DD Form 214 does not show any service stars associated with his previously awarded Vietnam Service Medal. 5. Item 29 of his DA Form 20 shows he was authorized the Expert Marksmanship Qualification Badge with Mortar Bar (81mm), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal). These marksmanship awards 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 Army Good Conduct Medal (1st Award) for the period 27 September 1967 to 26 June 1969; and b. amending his DD Form 214 by deleting the "Vietnam Service Medal" and the "Expert (Rifle)," and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 1 silver service star * Expert Marksmanship Qualification Badge with Mortar Bar (81mm) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar (45 Cal) * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation ___________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) AR20100015543 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008406 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1