IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160018159 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160018159 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 13 May 1968 through 1 September 1969; b. adding to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 28 January 1968 the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * National Defense Service Medal; c. deleting from item 24 of his DD Form 214 for the period ending 1 September 1969, the Vietnam Service Medal; and d. adding to item 24 of his DD Form 214 for the period ending 1 September 1969 the: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation. 2. The Board further determined 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. _________________________ 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. IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160018159 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 award of the National Defense Service Medal (NDSM) and a Presidential Unit Citation (PUC). 2. The applicant states, in effect, his DD Form 214 is in error. 3. The applicant provides a copy of his 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. The applicant enlisted in the Army National Guard (ARNG) on 3 July 1967. He was ordered to active duty training on 7 September 1967. 3. Special Orders Number 214 issued by Headquarters 2d Basic Combat Training Brigade on 24 October 1967 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. The applicant was released to the ARNG of California on 28 January 1968. He completed 4 months and 22 days total active service for this period. The DD Form 214 he was issued does not show he was awarded or authorized any awards. 5. The applicant was ordered to active duty as a member of the ARNG on 13 May 1968. 6. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 12 April through 26 August 1969. Item 38 (Record of Assignments) shows he served with Headquarters and Headquarters Company, 84th Engineer Battalion for the period 24 April to 26 August 1969. 7. Item 38 of his DA Form 20 further shows he received all "excellent" conduct and efficiency ratings throughout his service. His records do not contain any derogatory information or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal (AGCM). 8. On 1 September 1969, he was honorably released from active duty to the ARNG of California to complete his remaining service obligation. He completed 1 year, 3 months and 20 days of net active service during this period. The DD Form 214 he was issued upon his release from active duty does not show award of the NDSM or PUC. His DD Form 214 shows he was awarded or authorized the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) states: a. The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. b. 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 the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns: * TET 69 Counteroffensive (23 February 1969 - 8 June 1969) * Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969) c. The PUC is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. The applicant was assigned to Headquarters and Headquarters Company, 84th Engineer Battalion, during a period for which the unit was awarded the Meritorious Unit Commendation by Department of the Army General Order (DAGO) Number 51, dated 1971. This pamphlet does not show that the unit to which the applicant was assigned was cited for award of the PUC during his service with this unit or at any time during its service in Vietnam. 4. Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). This badge is not listed on his DD Form 214 for the period ending 28 January 1968. 2. Evidence shows the applicant served a qualifying period for award of the NDSM. This award is not listed on his DD Form 214 for the period ending 28 January 1968. 3. The evidence of record confirms he served honorably during the period 13 May 1968 through 1 September 1969. His records do not contain a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). It appears he meets the regulatory criteria for award of the AGCM (1st Award). 4. The evidence shows he was awarded the Vietnam Service Medal. He also participated in two campaigns during his service in the Republic of Vietnam which are not recorded on his DD Form 214. 5. Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Meritorious Unit Commendation during his period of assignment which is not listed on his DD Form 214. 6. The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. 7. The evidence of record shows he served with Headquarters and Headquarters Company, 84th Engineer Battalion in Vietnam. However, the pertinent Army regulation does not show this unit was cited for award of the PUC at any time during his period of service in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018159 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018159 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2