IN THE CASE OF:
BOARD DATE: 15 January 2009
DOCKET NUMBER: AR20080015093
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, in effect, reconsideration of his request for award of the Presidential Unit Citation. The applicant also makes reference to awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. These two decorations were added to his records as a result of his original application to the Board and hence need not be addressed further.
2. The applicant states, in effect, that his unit should have received two awards of the Presidential Unit Citation. One for actions between 29 December 1967 and 3 January 1968 and a second for actions on 1 and 2 February 1968.
3. The applicant provides a copy of what appears to be a recommendation for award of the Presidential Unit Citation and an unsigned, undated document confirming award of a Presidential Unit Citation to elements of the 3rd Battalion, 22d Infantry.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080009748, on 26 August 2008.
2. The applicant was assigned to Company A, 3d Battalion, 22d Infantry, while deployed to Vietnam between November 1967 and August 1968 when he was evacuated as a result of wounds received as a result of hostile action on 18 August 1968.
3. A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 3d Battalion (less Company C), 22d Infantry, was awarded a Presidential Unit Citation for actions on 21 March 1967. This award was confirmed in Department of the Army General Orders 59 in 1968. The 2d Battalion of the 22d Infantry was awarded a Presidential Unit Citation for that same action on 21 March 1967. There is no indication that any other elements of the 22d Infantry were award additional Presidential Unit Citations during the Vietnam War.
4. The documents provided by the applicant appear to be extracts from documents maintained by the National Archives and Records Administration (NARA). However the source of those documents could not be confirmed and the applicant did not elaborate on where the documents came from. Those documents included what appears to be an unsigned recommendation for award of a Presidential Unit Citation initiated for the 3d Battalion, 22d Infantry, in April 1969 for the period 29 December 1967 through 2 January 1968. There are no documents from official Army sources which confirm the 3d Battalion was ever awarded a Presidential Unit Citation for that period. The unsigned, undated, statement confirming the award does not cite the Department of the Army general order required to confirm the award.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not arrive in Vietnam until November of 1967 and as such would not be entitled to permanent award of the Presidential Unit Citation which was awarded to the 3d Battalion, 22d Infantry, for action in March 1967.
2. Unfortunately, the documents provided by the applicant are insufficient to conclude that a second Presidential Unit Citation was awarded to elements of the 3d Battalion, 22d Infantry. In the absence of Department of the Army general orders confirming the award, there is no basis to correct the applicant's record to entitlement to the Presidential Unit Citation.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080009748, dated 26 August 2008.
__________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) AR20080015093
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ABCMR Record of Proceedings (cont) AR20080015093
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