RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 March 2008
	DOCKET NUMBER:  AR20070017028 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones

Chairperson

Ms. Carmen Duncan

Member

Mr. Scott W. Faught

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, in effect, that he be awarded all unit citations that he is entitled to receive. 

2.  The applicant states, in effect, that he served with two units of the 101st Airborne Division and he served with a unit of the 1st Air Cavalry Division and both divisions were awarded the Presidential Unit Citation.  He served at Camp Eagle and Cam Rahn Bay with the 101st Airborne and the 1st Cavalry Division in Vietnam from November 1971 to March 1972 and from March 1972 to April 1972. 

3.  The applicant provides no additional documentation in support of his request.

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 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.  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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he enlisted in the Regular Army on 26 April 1971.  He successfully completed basic combat training and advanced individual training at Fort Lewis, Washington.  On completion of his training he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.  

3.  The applicant served in Vietnam from 5 October 1971 to 15 April 1972.  He was promoted to pay grade E-3 on 25 November 1971.  He served until he was honorably released from active duty on 25 April 1973. 

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal, with one bronze service star; the Republic of Vietnam Campaign Medal; the Combat Infantryman Badge; the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-16); and one Overseas Service Bar.  His DD Form 214 does not show any additional awards.
5.  The applicant's records contain a copy of Headquarters, 4th Infantry Division (Mechanized), General Order Number 84, dated 20 March 1973, which awarded him the Good Conduct Medal, for the period 26 April 1971 to 25 April 1973.  This award is not shown on his DD Form 214.

6.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal with one bronze service star; however, the applicant served during three campaigns of the Vietnam War and should be authorized three bronze service stars for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized to be affixed to the Vietnam Service Medal for participation in each campaign. 

7.  Item 38 (Record of Assignments), of the applicant's DA Form 20 (Enlisted Qualification Record), shows he was assigned to Company A and B, 2nd Battalion, 502nd Infantry Regiment, (AMBL [air mobile]), 101st Airborne Division and Company D, 2nd Battalion (AMBL), 327th Infantry Regiment, 101st Airborne Division.

8.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 8, dated 1974, while he was assigned to the unit.  

9.  Department of the Army Pamphlet 672-3 indicates that the applicant's unit earned the PUC; however, his unit was not cited for award of the PUC for actions during the period 5 October 1971 to 15 April 1972, while he was a member of the unit. 

10.  There is no evidence, and the applicant provided none, to support his assertions he was assigned to a unit of the 1st Cavalry Division and is entitled to additional unit awards to include the Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant’s unit earned the Presidential Unit Citation; however, his unit was not cited for award of the Presidential Unit Citation for actions during the period 5 October 1971 to 15 April 1972.  Therefore, he is not entitled to correction of his records to show this award.



2.  The evidence of record shows that the applicant was awarded the Good Conduct Medal, for the period 26 April 1971 to 25 April 1973.  He is therefore entitled to correction of his records to show this award.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal with one bronze service star.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to award of two additional bronze service stars to be affixed to his already-awarded Vietnam Service Medal, with one bronze service star.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show this unit award.

5.  There is no evidence the applicant was assigned to a unit of the 1st Cavalry Division and that he is entitled to additional unit awards, to include the Presidential Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___FJ___  __CD___  __SF  ___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual the Good Conduct Medal, for the period 26 April 1971 to 25 April 1973; the Vietnam Service Medal, with three bronze service stars; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these awards to his DD Form 214.




2.  The Board further determined that 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 award of the Presidential Unit Citation and to have it added to his DD Form 214.  




_____Frank C. Jones  ___
          CHAIRPERSON




INDEX

CASE ID
AR20070017028
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080311
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19730425
DISCHARGE AUTHORITY
AR .635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.