IN THE CASE OF:	     

		BOARD DATE:	          25 September 2008

		DOCKET NUMBER:    AR20080005676 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show he was awarded the Presidential Unit Citation.

2.  The applicant states, in effect, that his unit was awarded the Presidential Unit Citation for its accomplishments in the Republic of Vietnam during his period of assignment.  The applicant continues that although he is entitled to this unit award, it is not annotated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides copies of his DD Form 214 and a fact sheet for the Presidential Unit Citation downloaded from the Internet as documentary evidence in support of this application.

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 that he was inducted into the Army of the United States on 11 December 1967.  He completed basic combat and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was specialist five (SP5)/pay grade E-5.  The applicant served a tour of duty in the Republic of Vietnam during the period 6 August 1968 through 5 August 1969.  The applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) effective 3 August 1969.

3.  The applicant's record shows that he served with Troop C, 3rd Squadron,
5th Calvary Regiment, 9th Infantry Division during his tour of duty in the Republic of Vietnam.

4.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, two Overseas Service Bars, and Sharpshooter Marksmanship Qualification Badge with M-14 Bar.

5.  Item 24 of the applicant's DD Form 214 does not show award of the Presidential Unit Citation.

6.  There are no indications in the applicant's service personnel records which show that he was awarded the Presidential Unit Citation.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism, gallantry, determination and esprit de corps in action.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.

9.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Presidential Unit Citation for actions in the Republic of Vietnam by Depart of the Army General Order 9, dated 1979.

10.  The applicant provides a fact sheet for the Presidential Unit Citation downloaded from the Internet.  This fact sheet essentially shows a narrative description, background, and the criteria for award of the Presidential Unit Citation.

11.  United States Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for processing of foreign awards and decorations presented to individuals and units.  This regulation, in pertinent part, governed award of the Republic of Vietnam Gallantry Cross as a personal decoration.  This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army Vietnam.

12.  Department of the Army Pamphlet 672-3 shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

14.  The applicant's records show he participated in four campaigns during his service in the Republic of Vietnam:  Vietnam Counteroffensive-Phase V; Vietnam Counteroffensive-Phase VI; Tet 69 Counteroffensive, 1969; and Vietnam Summer-Fall 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show he was awarded the Presidential Unit Citation was carefully considered and determined to have merit.

2.  General Orders show the applicant’s unit was entitled to award of the Presidential Unit Citation during the applicant’s tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

3.  General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

4.  Records show that the applicant was awarded the Vietnam Service Medal.  Evidence shows that he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

BOARD VOTE:

___X____  ___X___  ___X__ __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.	awarding the Presidential Unit Citation;

	b.	awarding the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.	awarding four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



      __________X____________
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080005676



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ABCMR Record of Proceedings (cont)                                         AR20080005676



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