IN THE CASE OF:	  

		BOARD DATE:	       12 November 2008

		DOCKET NUMBER:  AR20080014398 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal and the Presidential Unit Citation.

2.  The applicant states, in effect, that he served with the 1st Battalion, 12th Cavalry, in the Republic of Vietnam from August 1965 to August 1966 and was presented with the Air Medal and the Presidential Unit Citation at the time, but his DD Form 214 omitted these awards.  He also adds that his unit was undermanned and suffered some of the highest casualties of the war.

3.  The applicant provides an undated self-authored letter 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 records show that he enlisted in the Regular Army for a period of 3 years on 30 October 1964.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 16 December 1967.  The highest rank/grade he attained during his military service was specialist four/E-4.

3.  The applicant’s records show he served in the Republic of Vietnam from 20 August 1965 to 19 August 1966.  He was assigned to Company C, 1st Battalion (Airborne), 12th Cavalry, 1st Cavalry Division (Airmobile).

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Parachutist Badge.  Item 24 does not show award of the Air Medal and/or the Presidential Unit Citation.

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 3184, dated 9 September 1966, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from September 1965 to July 1966.

6.  Department of the Army General Orders Number 40, dated 21 September 1967, awarded the 1st Battalion (Airborne), 12th Cavalry, the Presidential Unit Citation for distinguishing itself by outstanding performance of duty and extraordinary heroism in action against an armed enemy in the Republic of Vietnam from 23 October 1965 to 26 November 1966.

7.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

8.  Headquarters, 82d Airborne Division, Fort Bragg, North Carolina, General Orders Number 263, dated 3 October 1967, show the applicant was awarded the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 30 October 1964 to 29 October 1967.

9.  Headquarters, Fort Polk, Louisiana, Special Orders Number 50, dated 1 March 1965, show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 29 January 1965.

10.  Headquarters, Fort Polk, Louisiana, Special Orders Number 51, dated 2 March 1965, show that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) on 9 February 1965.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion (Airborne), 12th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam during the period 9 August 1965 to 19 May 1969 based on Department of the Army General Orders Number 56, dated 1969.

12.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  The applicant participated in the Vietnam Defense, the Vietnam Counteroffensive, and the Vietnam Counteroffensive Phase I campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

2.  General Orders awarded the applicant's unit the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  General Orders awarded the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 30 October 1964 to 29 October 1967 which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

4.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the 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 showing the Air Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Good Conduct Medal (1st Award), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


																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)                                         AR20080014398



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ABCMR Record of Proceedings (cont)                                         AR20080014398



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