IN THE CASE OF:	  

		BOARD DATE:	        02 December 2008

		DOCKET NUMBER:  AR20080014566 


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 award of the Presidential Unit Citation.

2.  The applicant states that he was assigned to a unit that was awarded the Presidential Unit Citation from 24 January 1964 to 30 April 1972.

3.  The applicant provides the following additional documentary evidence in support of his request:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 30 December 1969.

	b.  Citation and narrative, dated 30 April 1972, showing award of the Presidential Unit Citation to the Studies and Observation Group, U.S. Military Assistance Command, Vietnam.

	c.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, General Orders Number 857, dated 13 June 1969, awarding the applicant the Army Commendation Medal with "V" Device.

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, and 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 5 January 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  He also held MOS 11F (Infantry Operations and Intelligence Specialist).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 30 December 1969.  The highest rank he attained during this period of military service was sergeant.

3.  The applicant’s records show he served in the Republic of Vietnam from 17 February 1969 to 29 December 1969.  He was assigned to the Special Operations Augmentation (SOA), Command and Control Central (CCC), 5th Special Forces Group, 1st Special Forces.

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Vietnam Service Medal, the Vietnam Campaign Medal, the Parachutist Badge, the Purple Heart, the Combat Infantryman Badge, the Republic of Vietnam Parachutist Badge, the Army Commendation Medal with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Bronze Star Medal, the Air Medal, and two Overseas Service Bars.  Item 24 does not show award of the Presidential Unit Citation.

5.  Headquarters, Department of the Army General Orders Number 25, dated 
8 June 2001; show that the Studies and Observations Group of the Military Assistance Command-Vietnam (MACV-SOG) was awarded the Presidential Unit Citation for extraordinary heroism from 24 January 1964 to 30 April 1972 in the Republic of Vietnam.

6.  The MACV-SOG was a highly classified, multi-service U.S Special Forces unit which conducted covert unconventional warfare operations prior to and during the Vietnam war.  It was established on 24 January 1964 and conducted strategic reconnaissance missions in South Vietnam, North Vietnam, Laos, and Cambodia.  It carried out the capture of enemy prisoners, rescued downed pilots, and conducted rescue operations to retrieve allied prisoners of war throughout Southwest Asia and conducted clandestine agent team activities and psychological operations.  The Operations Staff Directorate was divided into numbered divisions: OP31 through OP35.  This was Navy nomenclature because MACV was originally organized and supported by the Commander in Chief, Pacific Command (CINCPAC), a Navy dominated unified command.   OP31 was the Maritime Studies Branch; OP32 was the Air Studies Branch, OP33 was the Psychological Operations Branch; OP34 was the Airborne Studies Branch; and OP35 was the Ground Studies Branch.  OP35 was responsible for cross-border operations and was comprised of three elements:

   a.  Special Operations Augmentation Command and Control Central (SOACCC) was formed in November 1967 and departed Vietnam in March 1971. It was stationed in Kontum, with responsibility for classified unconventional warfare operations throughout the tri-border regions of Laos, Cambodia and Vietnam. 

	b.  Special Operations Augmentation Command and Control North (SOACCN) was formed in November 1967 and departed Vietnam in March 1971. It was assigned conduct of classified special unconventional warfare missions into Laos and North Vietnam. 

   c.  Special Operations Augmentation Command and Control South (SOACCS) was formed in November 1967 and departed Vietnam in March 1971. It was located in Ban Me Thuot and created when permission was granted to conduct cross-border missions into Cambodia.  It was engaged in classified special unconventional warfare missions inside Viet Cong-dominated South Vietnam and throughout Cambodia. 

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

8.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  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.  

9.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive, 1969: the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970 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's unit the Presidential Unit Citation for extraordinary heroism from 24 January 1964 to 30 April 1972 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.  The evidence of record confirms that the applicant served honorably during the period 5 January 1967 through 30 December 1969.  He attained the rank of sergeant, was awarded multiple awards/decorations for heroism, service, and achievement, and received excellent conduct and efficiency ratings throughout his service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four 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:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 January 1967 through 30 December 1969; and  

	b.  adding award of the Good Conduct Medal (1st Award), the Presidential Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal to his DD Form 214.





      _______ _  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)                                         AR20080014566



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ABCMR Record of Proceedings (cont)                                         AR20080014566



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