IN THE CASE OF:	  

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090010761 


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 the company he served in while he was in Vietnam, D Company, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade, was awarded the Presidential Unit Citation for actions during the period 5 May 1968 through 10 May 1968, while he was a medic.  

3.  The applicant provides an undated letter from his son, addressed "To Whom It May Concern," requesting that his request be expedited; a statement dated 11 January 2009 from a retired lieutenant colonel who contends that he was the Delta Company Commander; a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a copy of a certificate and citation showing he was awarded the Army Commendation Medal; a copy of a certificate showing he was awarded the Bronze Star Medal with "V" Device; a copy of General Orders Number 108, dated 4 September 1968, awarding him the Bronze Star Medal; a one page excerpt from Department of the Army Pamphlet 672-3, dated 29 January 1988; and a copy of General Orders Number 60, dated 17 October 1969, showing that his unit was awarded the Presidential Unit Citation.

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 inducted into the Army of the United States on 19 July 1967 and he successfully completed his training as a medical specialist.  After completing 1 year, 7 months, and 2 days of net service this period, he was honorably released from active duty (REFRAD) on 21 February 1969, under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.  The DD Form 214 that he was furnished at the time of his REFRAD shows his last duty assignment and major command as Headquarters and Headquarters Company, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade (USARPAC).  His DD Form 214 also shows that he was awarded the National Defense Service Medal.

3.  On 17 October 1969, Headquarters, Department of the Army General Orders Number 60 were published awarding the unit to which he was assigned the Presidential Unit Citation for extraordinary heroism during the period 5 May to 10 May 1968, while engaged in military operations against a hostile force while in the Republic of Vietnam.

4.  The applicant was discharged from the USAR on 19 July 1973.

5.  On 17 May 1977, the applicant enlisted in the Army National Guard (ARNG) and he was ordered to active duty in support of Operation Desert Shield/Desert Storm on 7 December 1990.  On 22 April 1991, he was honorably REFRAD, after completing 4 months and 16 days of net active service, and returned to the ARNG to complete his service obligation.  The DD Form 214 that he was furnished at the time of his REFRAD shows he was awarded the Bronze Star Medal with "V" Device, the Army Commendation Medal, the Vietnam Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Republic of Vietnam Campaign Medal, the Combat Medical Badge, the Expert Marksmanship Qualification Badge, the Marksman Marksmanship Qualification Badge, and the National Defense Service Medal with one bronze service star.

6.  On 16 May 1996, the applicant was furnished his Notification of Eligibility for Retired Pay at Age 60 (20-year letter).

7.  The applicant was discharged from the Texas ARNG on 25 April 2000 and he was transferred to the Retired Reserve.  The National Guard Bureau Form 22 (Department of the Army and the Air Force National Guard Bureau Report of Separation and Record of Service) that he was furnished shows he was awarded the Bronze Star Medal with "V" Device, the Army Commendation Medal, the Vietnam Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Republic of Vietnam Campaign Medal, the Combat Medical Badge, the National Defense Service Medal with one bronze service star, "TMOM," the Army Reserve Component Achievement Medal (4th Award), the "TFSM(4)," the Armed Forces Reserve Medal, and the "AGIA."

8.  The applicant submits a certificate and citation showing that he was awarded the Army Commendation Medal for meritorious service in connection with military operations against an armed hostile force in the Republic of Vietnam for the period February 1968 to February 1969.

9.  The applicant also submits the certificate and General Orders Number 1083, dated 4 September 1968, showing he was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 9 May 1968, while assigned to Headquarters and Headquarters Company, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade (Separate) (Light), in the Republic of Vietnam.

10.  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 the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 31 January 1968 through 15 June 1969 in Department of the Army General Order (DAGO) Number 39, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 12 December 1966 through 31 August 1970 in DAGO Number 51, dated 1971.




11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
19 June 1968 through 31 July 1970 in DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Presidential Unit Citation. 

2.  His contentions were determined to have merit.  The available records show the unit to which he was assigned was awarded the Presidential Unit Citation in DAGO Number 60, dated 17 October 1969, for extraordinary heroism during the period 5 May to 10 May 1968.  He is entitled to the Presidential Unit Citation and his DD Form 214 should be amended accordingly.

3.  Additionally, the unit to which the applicant was assigned was awarded the Meritorious Unit Commendation based on DAGO Number 39, dated 1970; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on DAGO Number 51, dated 1971; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 51, dated 1971.  His DD Form 214 should also be amended to reflect these awards.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant's records as recommended below.

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.  amending his DD Form 214 issued on 22 April 1991 to add the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 

   b.  issuing him the awards as appropriate and a document to show the above corrections.




      _______ _   __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)                                         AR20090010761



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ABCMR Record of Proceedings (cont)                                         AR20090010761



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