ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 October 2020 DOCKET NUMBER: AR20190011497 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Army Good Conduct Medal * Presidential Unit Citation (2nd Award) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 29 July 2019 * Headquarters, 4th Psychological Operations Group, Vietnam, General Orders, dated 13 October FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he served with the 569th Engineer Company (Topographical) in Vietnam from 8 June 1969 to 16 February 1970 and the unit earned the Presidential Unit Citation. He also served with the 7th Psychological Battalion from 16 February 1970 to 5 November 1970 which was also awarded the Presidential Unit Citation. He was awarded the Army Good Conduct Medal. 3. The applicant's records contain sufficient evidence to support corrections to his DD Form 214. His DD Form 214 will be administratively corrected to show in: a. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – award of the: * Army Good Conduct Medal * Vietnam Service Medal with 1 silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal Unit Citation – First Class * Marksman Marksmanship Qualification Badge with Rile Bar (M-14) b. item 22 (Statement of Service): (1) item 22a(1) (Net Service This Period) to 2 years, 7 months, and 2 days. (2) item 22a(3) (Total) to 2 years, 7 months, and 2 days. (3) item 22b (Total Active Service) to 2 years, 7 months, and 2 days. 4. The Board will consider his request for the award of Presidential Unit Citation (Second Award) 5. On 4 April 1968, he enlisted in the Regular Army. 6. He served in Vietnam from 8 June 1969 through 5 November 1970 and participated in five campaigns (Tet 69/Counteroffensive (23 February 1969 to 8 June 1969); Summer-Fall 1969 (9 June 1969 to 31 October 1969); Winter-Spring 1970 (1 November 1969 to 30 April 1970); Sanctuary Counteroffensive (1 May 1970 to 30 June 1970); and Counteroffensive Phase VII (1 July 1970 to 30 June 1971). 7. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments) – the effective dates and assignments in Vietnam: * 13 June 1969 through 5 February 1970, 569th Engineer Company (Topography), 864th Engineer Battalion (Construction) * 6 February 1970 through 8 February 1970, Casual (not assigned to a unit) * 9 February through 31 October 1970, 7th Psychological Battalion, 4th Psychological Operations Group b. item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Two overseas service bars * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Bronze Star Medal * Army Good Conduct Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 8. On 5 November 1970, he was honorably released from active duty. His DD Form 214 shows in item 24 – he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Bronze Star Medal 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)), dated 29 January 1988 shows neither the 569th Engineer Company (Topographical), nor the 7th Psychological Battalion were awarded the Presidential Unit Citation during mobilization during the Vietnam War. BOARD DISCUSSION: 1. After review of the application and all evidence, including the Administrative Notes (below the signature), the Board determined that there is sufficient evidence to grant partial relief. 2. The Board agreed that the applicant’s AGCM should be added to his DD Form 214 (see Administrative Notes). 3. However, regarding the applicant’s request for the PUC, the Board found insufficient evidence to grant relief. Records do not reflect that the applicant’s units were ever awarded the PUC during the applicant’s assignment to those units. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: After review of the application and all evidence, with the Administrative Notes found by the analyst of record, the Board determined that there is sufficient evidence to grant partial relief. 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding awards in Administrative Notes. 2. Regarding the applicant’s request for the PUC, the Board recommends denial of this portion of the request. 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows: a. he was awarded or authorized the following awards not listed on his DD Form 214: * Army Good Conduct Medal (for the period 4 April 1968 to 5 November 1970) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal Unit Citation – First Class * Marksman Marksmanship Qualification Badge with Rile Bar (M-14) b. there is enough evidence to amend his DD Form 214 in: (1) item 22a(1) (Net Service This Period) to 2 years, 7 months, and 2 days. (2) item 22a(3) (Total) to 2 years, 7 months, and 2 days. (3) item 22b (Total Active Service) to 2 years, 7 months, and 2 days. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Department of the Army Pamphlet 672-3 shows 569th Engineer Company (Topographical), was awarded the Republic of Vietnam Civil Actions Honor Medal Unit Citation – First Class for the period 1 December 1967 to 1 November 1970 by Department of the Army General Orders (DAGO) Number 6, dated 1974. 3. Department of the Army General Orders Number 8, dated 19 March 1974, confirmed award of 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190011497 5 1