BOARD DATE: 13 August 2009
DOCKET NUMBER: AR20090005624
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 records to show award of the Presidential Unit Citation.
2. The applicant states, in effect, that he served with the 170th Aviation Company in the Republic of Vietnam and that the unit was awarded the Presidential Unit Citation.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 6 October 1967.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 30 August 1961, the applicant was appointed as a Reserve Commissioned Officer of the Army. He entered active duty on 3 February 1962.
3. The applicant arrived in Vietnam and was assigned to the 11th Aviation Company on 16 August 1965. He was reassigned to the 170th Aviation Company on 23 May 1966.
4. The applicant departed Vietnam on 10 August 1966 after being credited with participating in three campaigns.
5. On 6 October 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (Control Group).
6. The applicant's DD Form 214 with the period ending 6 October 1967 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Aviator Badge, the Armed Forces Expeditionary Medal, the Air Medal 11th Oak Leaf Cluster, the Army Commendation Medal, and the Bronze Star Medal.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicants assignment to the 11th Aviation Company, it was cited for award of the Presidential Unit Citation for the period 23 October 1965 through 26 November 1965 based on Headquarters, Department of the Army General Orders Number 40, dated 1967.
8. Department of the Army Pamphlet 672-3 does not show that at the time of the applicants assignment to the 170th Aviation Company it was awarded the Presidential Unit Citation. However, it does show that the 170th Aviation Company was cited for award of the Valorous Unit Award for the period 28 May 1966 through 30 May 1966 based on Headquarters, Department of the Army General Orders Number 40, dated 1967.
9. Department of the Army Pamphlet 672-3 shows that at the time of the applicants assignment to the 170th Aviation Company it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
1 March 1966 through 26 March 1967 based on Headquarters, Department of the Army General Orders Number 22, dated 1968.
10. Army Regulation 600-8-22 provides (Military Awards), in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that at the time the applicant was assigned to the 11th Aviation Company it was awarded of the Presidential Unit Citation. Evidence of record further shows at the time he was assigned to the 170th Aviation Company it was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His participation in three campaigns entitles him to three bronze service stars to be worn on his Vietnam Service Medal. Therefore, his DD Form 214 should be amended to add these awards.
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 amending his DD Form 214 to show award of the Presidential Unit Citation, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn on his Vietnam Service Medal.
_______ _ 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) AR20090005624
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