RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           2 December 2004
      DOCKET NUMBER:  AR2004106182


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy       |     |Member               |
|     |Ms. Laverne V. Berry              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request for award
of the Navy Unit Commendation (NUC).

2.  The applicant states that an official Army publication, "Vietnam
Studies, U. S. Army Special Forces 1961 – 1971," Center for Military
History Publication 90-23, Department of the Army, Washington, D. C., 1989
(first printed in1973) states that his unit, the 281st Aviation Company,
was assigned in the direct chain of command and support to the 5th Special
Forces during the period of time the NUC was awarded.  The Secretary of the
Navy's order of commendation to Delta Force included ALL supporting units
(emphasis in the original) for their part in the actions in question.

3.  The applicant provides a photographic copy of the Secretary of the Navy
citation awarding the NUC to Project Delta and an extract from Appendix B
of Center for Military History Publication 90-23.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003090596 on    3 February 2004.

2.  The evidence provided by the applicant is new and will be considered by
the ABCMR.

3.  The applicant served with the 281st Aviation Company (Assault
Helicopter), 10th Aviation Battalion, from 5 April to 31 December 1967 in
Vietnam.

4.  The citation provided by the applicant shows that the Secretary of the
Navy awarded the NUC to Project Delta (which was attached to the III Marine
Amphibious Force) for the period from 17 April to 17 June 1967 and from 15
July to 16 August 1967.  The citation concludes by stating that all
personnel attached to and serving with Project Delta during the period
designated, or any part thereof, are authorized to wear the NUC.

5.  The extract from Appendix B of the Center for Military History
Publication    90-23 notes that Detachment B-52, Project Delta, of the 5th
Special Forces
Group, 1st Special Forces earned the NUC for the period 17 April through
     17 June 1967 and (illegible but presumably 15 July through 16) August
1967.

6.  On 10 November 2004, the Army Center for Military History informed the
ABCMR analyst that Colonel Francis J. K___ completed the Vietnam study; the
Center only published his monograph.

7.  On 10 November 2004, the U. S. Marine Corps Awards Branch informed the
ABCMR analyst that they could not find a record of an order awarding the
NUC to the III Marine Amphibious Force of Project Delta for the time period
in question.  On 30 November 2004, the Army Center for Military History
informed the ABCMR analyst that their coordination with the Marine Corps'
Historical Office could not locate orders or other documentation pertaining
to award of the NUC to the III Marine Amphibious Force of Project Delta for
the time period in question.  The Center noted that the failure of the
Marine Corps' Historical Office to find the documentation in question does
not mean they do not exist; the Navy Awards Branch might be able to help.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units that
served in Vietnam.  This document does not list the NUC as one of the
awards awarded to the 281st Aviation Company.  It also does not list the
NUC as one of the awards awarded to 5th Special Forces Group, 1st Special
Forces, Detachment B-52, Project Delta.

9.  Department of the Army Pamphlet 672-3 shows that numerous other
detachments of the 5th Special Forces Group, 1st Special Forces were
awarded the NUC but for the period 1 January through 31 October 1969, not
for the period in question.  It also shows that the entire 5th Special
Forces Group, 1st Special Forces was awarded the Presidential Unit Citation
for the period 1 November 1966 through 31 January 1968 on Department of the
Army General Orders Number (DAGO) 45 dated 1969 (superseding DAGO 48 dated
1968).

10.  Army Regulation 600-8-22 (Military Awards), paragraph 7-3 states that
all  [U. S. unit awards] approved by authorized commanders, by the other
Service departments and by foreign governments, and all campaign
participation credits announced by authorized commanders will be confirmed
in DAGO.  Paragraph  7-6 states that not more than one unit award will be
awarded for the same act of heroism or the same period of meritorious
service.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record to show that award of the NUC to either
the 5th Special Forces Group or, specifically, the 281st Aviation Company
was made by the Navy or, if made, was confirmed in DAGO.  There may be
several reasons for this:

     a.  because neither unit was clearly identified by the Navy as being
awarded the NUC.  "All personnel attached to and serving with Project Delta
during the period designated…" is insufficient evidence that the Navy meant
to award the NUC to either the 281st Aviation Company or the 5th Special
Forces Group;

     b.  because the 5th Special Forces Group (but not the 281st Aviation
Company) was identified by the Navy as being awarded the NUC for the period
in question but award of the Presidential Unit Citation, as a higher-level
award, superseded the NUC; or

     c.  because the 281st Aviation Company was meant to be identified for
award of the NUC but an error was made in the DAGO confirmation process.

2.  The ABCMR attempted to track down the history of this particular NUC
but was unsuccessful in finding any information that would substantiate the
applicant's contention his unit was awarded it.  The ABCMR is not an
investigative agency.  The burden and costs for researching and assembling
documentation to support an application for a specific claim rests with the
requester.  The applicant may wish to further research this issue with the
Army Awards Board (U. S. Army Human Resources Command, ATTN:  AHRC-PDA, 200
Stovall Street, Alexandria, VA  22332) or with the Navy Awards Branch (at
Internet site https://awards.navy.mil/).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__rjw___  __teo___  __lvb___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2003090596 dated 3 February 2004.




            __Raymond J. Wagner___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004106182                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041202                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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