BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090006703 


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 Presidential Unit Citation.

2.  The applicant states that the Presidential Unit Citation was left off his DD Form 214.

3.  The applicant did not provide any additional documentary evidence 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 he enlisted in the Regular Army for a period of 3 years on 11 February 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty 111.6 (Light Weapons Infantryman).  He was honorably discharged on 1 January 1965 for the purpose of immediate reenlistment and executed a 3-year reenlistment on 2 January 1965.

3.  The applicant's records show he served in Korea from on or about 9 July 1963 to on or about 27 July 1964 and was assigned to Company A, 2nd Battalion, 32nd Infantry, and in the Republic of Vietnam from on or about 16 August 1965 to on or about 18 August 1966 and was assigned to Company A, 229th Aviation Battalion, 1st Cavalry Division.

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 National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Purple Heart, one overseas service bar, and the Air Medal with 11 oak leaf clusters.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to the 229th Aviation Battalion, his unit was awarded the Presidential Unit Citation for its service from 23 October 1965 to 26 November 1965 based on Department of the Army General Orders Number 40, dated 1976; the Meritorious Unit Commendation from 1 September 1965 to 30 November 1966 based on Department of the Army General Orders Number 17, dated 1968; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 9 August 1965 to 19 May 1969 based on Department of the Army General Orders 59, dated 1969.

6.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.

7.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during the applicant's service in Vietnam participation credit was awarded for the Vietnam Defense Campaign from 8 March 1965 to 23 December 1965, the Vietnam Counteroffensive from 25 December 1965 to 30 June 1966, and the Vietnam Counteroffensive Phase II from 1 July 1966 to 31 May 1967 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.

8.  Army Regulation 600-8-22 states, in pertinent part, that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days; be engaged in combat during an armed engagement regardless of the time in the area of eligibility; is wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant's unit the Presidential Unit Citation, the Meritorious Unit Commendation, 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.

2.  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.

3.  The evidence of record shows that the applicant served in Korea from on or about 9 July 1963 to on or about 27 July 1964.  Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.

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 adding to his DD Form 214 the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Korea Defense Service Medal, and three bronze service stars to be affixed to his already-awarded 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)                                         AR20090006703



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ABCMR Record of Proceedings (cont)                                         AR20090006703



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