RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060007074


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. Larry Racster                 |     |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 a second award of the Presidential Unit Citation
that was awarded to the Military Assistance Command, Vietnam, Studies and
Observation Group (MACV/SOG) on 22 August 2000.

2.  The applicant states that he was trained for “Project Omega” at Command
and Control South then he was sent to Command and Control Central for
MACV/SOG.  He contends that the Presidential Unit Citation was presented at
Fort Bragg, North Carolina on 4 April 2001 and that he was invited and
attended. He points out that line 22 of the citation awards the
Presidential Unit Citation to U.S. Army aircrews of which he was a crew
chief (left door gunner).

3.  The applicant provides 65 pages of documentation outlined on an index.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 August 2000.  The application submitted in this case is
dated 5 January 2006; however, the application was received in this office
on 15 May 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted on 10 June 1966.  He served as a helicopter
mechanic assigned to the 405th Transportation Detachment in Vietnam from
30 November 1966 through 9 August 1967.  He was assigned to the 170th
Aviation Company of the 52nd Aviation Battalion in Vietnam from 10 August
1967 through 14 February 1968.  On 7 June 1968, the applicant was released
from active duty.

4.  There is no evidence in the available records that shows the applicant
was assigned or attached to Project Omega, Detachment B-50, 5th Special
Forces Group, Kontum, Republic of Vietnam during the period 1 June 1967 to
             31 October 1967; or Special Operations Augmentation, Command
and Control South, 5th Special Forces Group, Ban Me Thuot, Republic of
Vietnam during the period 1 November 1967 to 1 November 1971; or Special
Operations Augmentation, Command and Control Central, 5th Special Forces
Group, Kontum, Republic of Vietnam during the period 1 January 1969 to 31
December 1971.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the
National Defense Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, the Vietnam Service Medal, the Aircraft Crewman Badge, the
Good Conduct Medal, the Air Medal, the Purple Heart, and the Marksman
Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6.  In support of his claim, the applicant provided a document pertaining
to the history of the 170th Assault Helicopter Company, 52nd Combat
Aviation Battalion which states, in pertinent part, that the 170th Assault
Helicopter Company participated in Special Forces and a clandestine
operation during the period
1 January 1967 through 15 September 1967.  This document also states that
the 52nd Aviation Battalion (Flying Dragons) supported numerous operations
including Project Omega for 92 days.

7.  A DD Form 215 (Correction to DD Form 214), dated 16 December 1998,
amended the applicant’s DD Form 214 to add the Vietnam Service Medal with
three bronze service stars, the Air Medal with Numeral 16, and the Republic
of Vietnam Gallantry Cross with Palm Unit Citation Badge.

8.  A DD Form 215, dated 14 October 2004, amended the applicant’s DD Form
214 to add the Presidential Unit Citation that was awarded to the 52nd
Aviation Battalion on 20 July 1971 for the period 29 October through 30
November 1967.

9.  Headquarters, Department of the Army General Orders Number 25, dated
8 June 2001, show the Presidential Unit Citation was awarded to MACV/SOG
and the following assigned or attached U.S. Army units for actions during
the period 24 January 1964 to 30 April 1972: Command and Control
Detachment, 5th Special Forces Group, Danang, Republic of Vietnam; Special
Operations Augmentation, Command and Control North, 5th Special Forces
Group, Danang, Republic of Vietnam; Task Force One, Advisory Element, U.S.
Army Vietnam, Danang, Republic of Vietnam; Special Operations Augmentation,
Command and Control Central, 5th Special Forces Group, Kontum, Republic of
Vietnam (during the period 1 January 1969 to 31 December 1971); Task Force
Two, Advisory Element. U.S. Army Vietnam, Kontum, Republic of Vietnam;
Company E (Provisional), Detachment C-5, 5th Special Forces Group, Ho Ngoc
Tao, Republic of Vietnam; Project Omega, Detachment B-50, 5th Special
Forces Group, Kontum, Republic of Vietnam (during the period 1 June 1967 to
             31 October 1967); Project Sigma, Detachment B-56, 5th Special
Forces Group, Ho Ngoc Tao, Republic of Vietnam; Special Operations
Augmentation, Command and Control South, 5th Special Forces Group, Ban Me
Thuot, Republic of Vietnam (during the period 1 November 1967 to 1 November
1971); Task Force Three, Advisory Element, U.S. Army Vietnam, Ban Me Thuot,
Republic of Vietnam; Detachment B-53, 5th Special Forces Group, Camp Long
Thanh, Republic of Vietnam; and Training Center Advisory Element, U.S. Army
Vietnam, Camp Long Thanh, Republic of Vietnam.

10.  The citation for this Presidential Unit Citation states, in pertinent
part, “Supporting these hazardous missions were Special Operations Group’s
own United States and South Vietnamese Air Force transport and helicopter
squadrons, along with U.S. Air Force Forward Air Controllers and helicopter
units of the U.S. Army and U.S. Marine Corps.”

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Presidential Unit Citation (known as the Distinguished Unit
Citation until
3 November 1966) 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.

12.  Neither the Center for Military History nor the U. S. Army Human
Resources Command, Awards Branch could verify that the 170th Aviation was
intended to be included in award of the Presidential Unit Citation awarded
in Headquarters, Department of the Army General Orders Number 25.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was assigned to the 405th
Transportation Detachment and the 170th Aviation Company, 52d Aviation
Battalion during his assignment in Vietnam.  Although the citation for the
Presidential Unit Citation awarded to MACV/SOG mentions “helicopter units
of the U.S. Army” and the unit history provided by the applicant states the
52nd Aviation Battalion supported Project Omega, there is no evidence of
record which shows the applicant’s unit was cited for this unit citation.
The General Order, not the citation, is the award authority.

2.  There is also no evidence of record which shows the applicant was
assigned or attached to any of the U.S. Army units cited in the General
Order for this unit citation.

3.  It is acknowledged that the applicant stated he was invited to attend
the presentation of the Presidential Unit Citation to MACV/SOG at Fort
Bragg in April 2001.  Regrettably, in the absence of official corroborating
evidence to show the 170th Aviation Company or the 52d Aviation Battalion
was intended to be awarded this Presidential Unit Citation (and that
Headquarters, Department of the Army General Orders Number 25 will be
amended to amend this oversight), and in the absence of official
corroborating evidence (such as morning report entries) to show he was
assigned or attached to one of the units listed in the General Orders,
there is insufficient evidence on which to base a second award of the
Presidential Unit Citation.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 22 August 2000; therefore, the time for the
applicant to file a request for correction of any error expired on 21
August 2003.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

RD_____  __DD____  _LR_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  __Richard Dunbar______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007074                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0031                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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