IN THE CASE OF:	  

		BOARD DATE:	        26 August 2008

		DOCKET NUMBER:  AR20080009748


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 his record be corrected to show the Presidential Unit Citation [sic], the Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states he was wounded and aeromedically evacuated from Vietnam.  This caused him to not receive the appropriate unit awards for his service in Vietnam.  He states he has all of his authorized awards and decorations except for these three unit awards.

3.  The applicant provides:

	a.  a partial copy of Department of the Army Pamphlet (DA Pam) 672-3 (Unit Citation and Campaign Participation Credit Register) with the entry for the 25th Infantry Platoon [sic] highlighted;

	b.  a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge);

	c.  a copy of General Orders Number 673, Headquarters, 25th Infantry Division, dated 22 January 1969, showing his unit as Company A, 3rd Battalion, 22nd Infantry, 25th Infantry Division, and awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period November 1967 to November 1968;

	d.  a copy of General Orders Number 7630, Headquarters, 25th Infantry Division, dated 25 October 1968, showing his unit as Company A, 3rd Battalion, 22nd Infantry, 25th Infantry Division, and awarding him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 18 August 1968;

	e.  a copy of a Purple Heart Certificate, dated 19 August 1968, awarding him the Purple Heart for wounds received on 18 August 1968 in the Republic of Vietnam.  The certificate is signed by the hospital commander;

	f.  a copy of Special Orders Number 140, Headquarters, 25th Infantry Division, dated 19 May 1968, showing his unit as Company A, 3rd Battalion, 22nd Infantry, 25th Infantry Division, and awarding him the Combat Infantryman Badge;

	g.  a copy of a Department of the Army Certificate of Appreciation, dated 5 June 1970, and signed by General William C. Westmoreland, Chief of Staff; and

	h.  a copy of his Honorable Discharge Certificate, dated 1 June 1973.

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 served in the Regular Army for 3 years during the period 6 June 1967 through 5 June 1970.  He served in the Republic of Vietnam from on/about 20 November 1967 through on/about 25 August 1968, at which time he was aeromedically evacuated to the US Army Hospital Ryukyu Islands, Japan.



3.  The applicant's unit of assignment in Vietnam was Company A, 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division.  According to DA Pam 672-3, that unit was awarded the following unit decorations:  the Valorous Unit Award for the period 27 August to 31 October 1968 by Department of the Army General Order Number 42, dated 1969; the Vietnam Gallantry Cross with Palm Unit Citation for the period August 1967 to August 1968 by Department of the Army General Order Number 48 dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970 by Department of the Army General Order Number 51, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his record to show award of the Presidential Unit Citation [sic], the Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant based his request on an entry in DA Pam 672-3 for awards earned by the 25th Infantry Platoon.  The applicant was never a member of the 25th Infantry Platoon; he was a member of Company A, 3rd Battalion, 22nd Infantry Regiment. 

3.  The applicant's unit was awarded the Valorous Unit Award, the Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  The applicant was a member of the unit when it earned the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and he is entitled to correct his record to show them.  Unfortunately, he was wounded on 18 August 1968 and was not with the unit during the period – 27 August to 31 October 1968 – for which it was awarded the Valorous Unit Award.  He is, therefore, not entitled to that award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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 correcting his record to show award of the Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 the Presidential Unit Citation, or the Valorous Unit Award.


																XXX
      ______________________
               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)                                         AR20080009748



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ABCMR Record of Proceedings (cont)                                         AR20080009748



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