ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 19 October 2020 DOCKET NUMBER: AR20190012595 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Army Good Conduct Medal (AGCM) * Presidential Unit Citation (PUC) * Valorous Unit Award (VUA) * Meritorious Unit Commendation (MUC) * Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 18 June 2019 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 for the period ending 19 January 1968 * Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, Letter Orders Number 03-1100082, dated 22 March 1972, subject: Discharge From U.S. Army Reserve FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, 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 his medals were presented to his unit after his discharge on 19 January 1968. He was not notified his unit was awarded citations for its service in Vietnam. 3. On 19 April 1966, he was inducted into the Army of the United States. 4. He served in the Republic of Vietnam from 21 November 1966 to 28 March 1967 and he participated in one campaign. While in Vietnam, he was assigned to Company B, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade. 5. His DA Form 20 shows in: a. item 29 (Qualification in Arms) – his weapons qualifications, and qualification classes as Expert Marksmanship Qualification Badge with Rifle Bar (M-14). b. item 31 (Foreign Service) – service in Vietnam from 21 November 1966 to 28 March 1967. c. item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 6. On 19 January 1968, he was honorably released from active duty. His DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 7. On 26 August 2019, Awards and Decorations Branch, U.S. Army Human Resources Command, responded to a congressional correspondence inquiry, dated 20 August 2019, as follows, "We are unable to fully facilitate your request at this time. We reviewed historical awards records and determined that 4th Battalion, 12 Infantry Regiment was awarded the [VUA] for the period of January 31, 1968 to February 19, 1968. However, based on the documentation provided, [applicant] was not assigned to that unit during this period of time. We also note other elements of the 12th Infantry Regiment were awarded the [PUC] and [MUC], however 4th Battalion was not included in these awards." 8. U.S. Army Human Resources Command, Permanent Order 238-0008, dated 26 August 2019, awarded him the AGCM for the period of service 19 April 1966 to 24 April 1967. 9. On 26 August 2019, he was issued DD Form 215 (Correction to DD Form 214), which corrected his previously issued DD Form 214, for the period ending 19 January 1968, by adding the following to item 24: * AGCM * one bronze service star to his previously awarded Vietnam Service Medal * Republic of Vietnam Gallantry Cross Unit Citation with Palm Device * Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) 10. Department of the Army Pamphlet 672-3 (Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)) does not show 4th Battalion, 12th Infantry Regiment was awarded the PUC or the MUC. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. 1. The applicant has a DD Form 215, dated 26 August 2019, that added the AGCM and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation. 2. Regarding the applicant’s request for the PUC, the VUA, and MUA, the Board found insufficient evidence to grant relief. Records do not reflect that the applicant’s units were ever awarded these awards during the applicant’s assignment to those units. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X : X : X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. X 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. REFERENCES: 1. Title 10, United States 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 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. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)) shows 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade, was awarded the: a. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by Department of the Army General Orders Number 51, dated 1971, a period he was assigned to that unit. b. VUA for the period 31 January 1968 to 19 February 1968 by Department of the Army General Orders Number 48, dated 1971, a period he was not assigned to that unit. 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//