BOARD DATE: 13 August 2020 DOCKET NUMBER: AR20190015209 APPLICANT REQUESTS: Correction of his record to show all awards and decorations his unit earned during his service in Vietnam. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 9 July 1971 * 8th Engineer Battalion decorations webpage 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. Awards promulgated by General Orders and by virtue of time in country will be administratively added/corrected on the applicant's DD Form 214 and will not be addressed any further in the record of proceedings. The record of proceedings is being written for the Board’s consideration of: * Presidential Unit Citation * Marksman Marksmanship Qualification Badge with Pistol Bar * Army Good Conduct Medal 3. The applicant states his medals should be: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with 1960 Device * Air Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar * Presidential Unit Citation * Valorous Unit Award * Meritorious Unit Commendation 4. A review of the applicant's official records shows the following: a. On 18 July 1968, the applicant enlisted in the Regular Army. b. From on or about 29 June 1969 to on or about 28 June 1970, the applicant served in Vietnam with Headquarters and Headquarters Company, 8th Engineer Battalion, 1st Cavalry Division (Airmobile). c. On 9 July 1971, the applicant was honorably released from active duty. He completed 2 years, 11 months, and 22 days of net service. DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Air Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M- 16) d. The applicant's records are void of any orders pertaining to the Marksman Marksmanship Qualification Badge with Pistol Bar. e. DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments) shows the applicant had all “excellent” conduct and efficiency reports and the applicant’s records are void of any orders awarding him the Army Good Conduct Medal. 5. The applicant provides a webpage document showing decorations awarded to the 8th Engineer Battalion. 6. DA Pam 672-3 (Unit Citation and Campaign Participation Credit Register) shows the Presidential Unit Citation was awarded to the 8th Engineer Battalion for the period 23 October – 26 November 1965. 7. AR 600-8-22 states that unit awards are only authorized for inclusion to records of a Soldier if the individual was assigned to, and present for duty with the unit any time during the period cited; or who was attached by competent orders to, and present for duty with the unit during the entire period, or for at least 30 consecutive days of the period. BOARD DISCUSSION: After reviewing the application and all supporting evidence, in addition to the administrative notes found by the analyst of record, the Board found sufficient evidence to grant partial relief. 1. The Board found sufficient evidence to grant award of the Army Good Conduct Medal. The evidence of record confirms he served honorably during the period 18 July 1968 to 9 July 1971. His record does not contain any information that would have precluded him from being recommended for or awarded the AGCM (1st Award), and he was honorably released from active duty. 2. However, the Board found insufficient evidence to grant this portion of the applciant’s request: a. Regarding the Presidential Unit Citation (PUC) for the applicant’s service from on or about 29 June 1969 to on or about 28 June 1970, while the applicant served in Vietnam with Headquarters and Headquarters Company, 8th Engineer Battalion, 1st Cavalry Division (Airmobile), there is insufficient evidence to grant relief. Per regulation, unit awards are only authorized for inclusion to records of a Soldier if the individual was assigned to, and present for duty with the unit any time during the period cited; or who was attached by competent orders to, and present for duty with the unit during the entire period, or for at least 30 consecutive days of the period. The 8th Engineer Battalion was awarded the PUC for the period of 23 October – 26 November 1965. Therefore, the applicant is ineligible for the PUC. b. Regarding the Marksman Marksmanship Qualification Badge with Pistol Bar, the record does not reflect award of this badge. The DA Form 20 (Enlisted Qualification Record) and DD Form 214 only list marksmanship badges for the rifle. ? 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: In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. 1. 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 for the period 18 July 1968 to 9 July 1971, b. Amending his DD Form 214 by adding the Army Good Conduct Medal to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). 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 the Regarding the PUC and the Marksman Marksmanship Qualification Badge with Pistol Bar. 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): 1. Reference the enclosed request for correction of military records, correct the applicant's DD Form 214, dated 9 July 1971, by adding the following awards: * Army Commendation Medal * Vietnam Service Medal with 3 Bronze Service Stars * Meritorious Unit Commendation * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class * 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. * DD Form 214 * General Orders Number 5788, issued by Headquarters, 1st Cavalry Division (Airmobile) for ARCOM * Army Regulation (AR) 600-8-22 (Military Awards) which supports a bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During his period of service in Vietnam, campaign participation credit was awarded for the following three campaigns: * Vietnam Summer-Fall 1969, 9 June – 31 October 1969 * Vietnam Winter-Spring, 1 November 1969 – 30 April 1970 * DA Sanctuary Counteroffensive, 1 May – 30 June 1970 * Department of the Army General Order (DAGO) Number 50, dated 1971 for Meritorious Unit Commendation * DAGO Number 43, dated 1972 for Valorous Unit Award * DAGO Number 11, dated 1973 for Republic of Vietnam Gallantry Cross with Palm Unit Citation * DAGO Number 42, dated 1972 for Republic of Vietnam Civil Actions Honor Medal First Class 3. Correct the applicant’s DD Form 214 to add the awards shown in paragraph 1 above. Provide the applicant with a copy of the corrections and the medals and citations, as applicable. Please record the corrections in the applicant’s official military personnel record. ? REFERENCES: 1. Title 10, USC, 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. AR 672-5-1 (Awards) in effect at the time states, 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. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. DA Pam 672-3 (Unit Citation and Campaign Participation Credit Register) shows the Presidential Unit Citation was awarded to the 8th Engineer Battalion for the period 23 October – 26 November 1965. 4. AR 635-5 (Separation Documents) in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the Army. Item 24; enter from DA Form 20 all decorations, service medals, campaign credits, and badges awarded or authorized. 5. AR 600-8-22 (Military Awards) states that unit awards are only authorized for inclusion to records of a Soldier if the individual was assigned to, and present for duty with the unit any time during the period cited; or who was attached by competent orders to, and present for duty with the unit during the entire period, or for at least 30 consecutive days of the period. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015209 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1