IN THE CASE OF:	  

		BOARD DATE:	        19 MARCH 2009

		DOCKET NUMBER:  AR20080018469 


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 award of the Bronze Star Medal (BSM) and three awards of the Presidential Unit Citation (PUC) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was awarded the BSM on 26 October 1967 and it was omitted from his DD Form 214.  He also states that he believes his unit was awarded three PUCs and he desires those awards to be added to his DD Form 214 as well.

3.  The applicant provides a copy of his DD Form 214, a copy of his BSM orders and citations, and two general orders awarding his unit the PUC.

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 was born on 15 August 1948 and enlisted with parental consent in Montgomery, Alabama on 17 September 1965 for a period of 3 years.  He successfully completed his training as a light weapons infantryman at Fort Gordon, Georgia and was transferred to Fort Lewis, Washington for his first duty assignment with Company A, 1st Battalion, 8th Infantry Regiment.  He was advanced to the pay grade of E-4 on 18 August 1966.

3.  On 15 September 1966, he was transferred to Vietnam with his unit.  He was promoted to the rank of sergeant (E-5) on 22 February 1967 and he was wounded on 22 March 1967 and was returned to his unit after treatment.

4.  On 26 October 1967, he was awarded the BSM for meritorious service in Vietnam during the period of September 1966 to September 1967.

5.  The applicant departed Vietnam on 5 September 1967 and was transferred to Fort Knox, Kentucky, where he remained until he was honorably released from active duty (REFRAD) to attend school.  He had served 2 years, 9 months and 26 days of total active service and his DD Form 214 reflects that he was awarded the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, the Purple Heart, the Combat Infantryman Badge and the National Defense Service Medal.

6.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Presidential Unit Citation (PUC) for the period of 18 to 26 May 1967 in Department of the Army General Orders (DAGO) Number 69, 25 to 26 May 1968 in DAGO Number 75 and 29 October to 30 November 1967 in DAGO Number 38; the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) during the period he was assigned to the unit.  Additionally, he participated in two campaigns while assigned to Vietnam and is entitled to be awarded two bronze service stars for wear on his already-awarded VSM.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (PUC) 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.  Individuals serving with the unit at the time the PUC is earned are authorized to wear it as a permanent award.  Individuals who were not assigned to the unit when it was earned are only authorized to wear the PUC on a temporary basis while assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his award of the BSM should be added to his DD Form 214 has been considered and found to have merit.  The applicant was awarded the BSM in competent orders and therefore it would be appropriate to add this award to his DD Form 214 at this time.

2.  The applicant's contention that three awards of the PUC should be added to his DD Form 214 has been considered and found to have partial merit.  While the unit was awarded three PUCs during the Vietnam War, only two of the PUCs were awarded for the period in which the applicant served with the unit.  Accordingly, he is only entitled to have two awards of the PUC (PUC w/1OLC) added to his DD Form 214.

3.  Additionally, the available evidence also confirms the applicant is also entitled to have the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) and two bronze service stars for wear on his already-awarded VSM added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  __X______  ___X_____  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 adding the following awards to his DD Form 214:  the BSM, PUC w/1OLC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and two bronze service stars for wear on his already-awarded VSM.

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 a third award of the PUC (PUC w/2OLC).  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _  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)                                         AR20080018469



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ABCMR Record of Proceedings (cont)                                         AR20080018469



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