RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 30 August 2007
DOCKET NUMBER: AR20070003264
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Bernard P. Ingold
Chairperson
Mr. Thomas M. Ray
Member
Mr. Gerald J. Purcell
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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Presidential Unit Citation for his service in the Republic of Vietnam.
2. The applicant states, in effect, that his unit was awarded this citation but it is not shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, as previously corrected by DD Form 215 (Correction to DD Form 214).
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 17 July 1967, the applicant enlisted in the Regular Army for 3 years. He completed his initial training, to include the Basic Airborne Course, and was awarded military occupational specialty 11B1P
3. On 4 September 1968, the applicant was assigned for duty as a senior field radio operator with the Special Operations Augmentation, Command and Control Center, 5th Special Forces Group, 1st Special Forces, in the Republic of Vietnam.
4. The applicant was promoted to the rank of specialist five, pay grade E5, on
19 February 1969, and to staff sergeant, pay grade E6, on 10 October 1969.
5. On 1 November 1969, the applicant was medically evacuated from the Republic of Vietnam, to the United States Army Hospital, Fort Campbell, Kentucky.
6. On 28 September 1970, the applicant was permanently retired by reason of physical disability. He had completed 3 years, 2 months, and 12 days of creditable active duty.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the Silver Star, Purple Heart (three awards), Bronze Star Medal with V Device and three Oak Leaf Clusters, Air Medal, Army Commendation Medal with V Device and one Oak Leaf Cluster, National Defense Service Medal, Good Conduct Medal, Meritorious Unit Commendation, Vietnam Service Medal with five bronze service stars, Combat Infantryman Badge, Special Forces Tab, Parachutist Badge, Expert Marksmanship Qualification Badge with Automatic Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Campaign Medal with 1960- Device. It does not show award of the Presidential Unit Citation.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication does not show that the Special Operations Augmentation, Command and Control Center, 5th Special Forces Group,
1st Special Forces, during the time of the applicant's assignment, was cited in Department of the Army General Orders for award of the Presidential Unit Citation (PUC). [The 5th Special Forces Group was awarded the PUC, prior to the applicant's arrival, for the period from 1 November 1967 to 31 January 1968.]
DISCUSSION AND CONCLUSIONS:
There is no evidence of record showing that the applicants unit was cited in general orders for award of the Presidential Unit Citation during the period of his assignment. Therefore, his request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__BPI___ __GJP___ __TMR__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_ _Bernard P. Ingold____
CHAIRPERSON
INDEX
CASE ID
AR20070003264
SUFFIX
RECON
DATE BOARDED
20070830
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
ARMY | BCMR | CY2013 | 20130015046
IN THE CASE OF: BOARD DATE: 3 June 2014 DOCKET NUMBER: AR20130015046 THE BOARD CONSIDERED THE FOLLOWING 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 AR20120018872 on 30 May 2013. He also provides orders, dated 8 June 2001, which show the MACVSOG which included the SOA, Command and Control North, 5th Special Forces...
ARMY | BCMR | CY2008 | 20080014566
Furthermore, Item 38 (Record of Assignments) of the applicant's DA Form 20 (Personnel Qualification Record) shows the applicant received excellent conduct and efficiency ratings throughout his military service. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal (1st Award) for exemplary...
ARMY | BCMR | CY2006 | 20060007074C070205
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. 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...
ARMY | BCMR | CY2006 | 20060015571
The applicant requests, in effect, reconsideration of an earlier request for a second award of the National Defense Service Medal, the Master Parachutist Badge, the Army Achievement Medal, the Meritorious Unit Commendation, the Armed Forces Reserve Medal (AFRM), a second award of the Army Reserve Components Achievement Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Army Reserve Components Overseas Training Ribbon, the Republic of Vietnam Civil Actions Honor Medal First...
ARMY | BCMR | CY2010 | 20100000509
The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 29 (Qualification in Arms) that he qualified Marksman with the M-16 rifle on 29 December 1966; b. item 31 (Foreign Service) that he served in the Republic of Vietnam (RVN) from 16 February 1967 through 7 April 1969; c. item 38 (Record of Assignments) that he was assigned to: (1) Signal Company, 5th Special Forces Group (Airborne), 1st Special Forces, from 21 February through 7 May 1967; (2) Headquarters and...
ARMY | BCMR | CY2014 | 20140014660
However records do not contain an official recommendation form or orders for a service or achievement award. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973. The DA Form 137 states the applicant was recommended for a "service or achievement award."
ARMY | BCMR | CY2005 | 20050017378C070206
Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to: the 5th Special Forces Group, 1st Special Forces, was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period January 1968 through 24 September 1970, by Department of the Army General Order (DAGO) 48, dated 1971....
ARMY | BCMR | CY2002 | 2002069384C070402
There is no evidence of record which shows that the applicant completed the Vietnam airborne course to qualify for award of the Vietnam Parachutist Badge. Evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. Records show the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device...
ARMY | BCMR | CY2005 | 20050013282C070206
Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the...
ARMY | BCMR | CY2008 | 20080000644
The applicant provides the following documents in support of his application: Self-Authored Letter, dated 12 December 2007; DD Form 214; Department of the Army (DA) PUC General Orders (GO) Number (#) 25, dated 8 June 2001 and GO # 75, dated 2 December 1969; Officer Qualification Record (DA Form 66); and Headquarters, 4th Infantry Division Special Orders (SO) # 32, dated 1 February 1968. However, the evidence of record confirms his entitlement to one award of the PUC based on his service...