BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090012351 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Valorous Unit Award, the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states that he was assigned to Company B, 65th Engineer Battalion, attached to the 25th Infantry Division in Vietnam from December 1966 to December 1967 and he would like to receive the decorations awarded to the 65th Engineer Battalion and the 25th Infantry Division.

3.  The applicant provides information on the lineage and honors of the 65th Engineer Battalion and the 25th Infantry Division in support of his application.

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 29 June 1966.  He arrived in Vietnam on 6 December 1966.  He served as a wheeled vehicle mechanic assigned to Company B, 65th Engineer Battalion, 25th Infantry Division in Vietnam from 14 December 1966 through 5 December 1967.  On 28 June 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  The applicant's DD Form 214 shows the Army Commendation Medal, the Army Good Conduct Medal, ), the National Defense Service Medal, the American Campaign Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Sharpshooter Marksmanship Qualification Badge, the Driver and Mechanic Badge, and two overseas service bars as authorized awards.  

4.  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 publication shows the 65th Engineer Battalion (less Company D) was awarded the Meritorious Unit Commendation for actions during the period 22 February 1967 to 7 December 1967 based on Department of the Army General Orders (DAGO) Number 17, dated 1969.

5.  Department of the Army Pamphlet 672-3 shows the 65th Engineer Battalion (less Company D) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 based on DAGO Number 48, dated 1971.  The 25th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period December 1965 to August 1968 based on DAGO Number 48, dated 1971.

6.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

7.  Department of the Army Pamphlet 672-3 also shows the 65th Engineer Battalion (less Company D) was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 13 March 1966 to 21 January 1970 based on DAGO Number 51, dated 1971.  The 25th Infantry Division was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 based on DAGO Number 51, dated 1970.

8.  Department of the Army Pamphlet 672-3 does not show that Company B, 65th Engineer Battalion, received the Valorous Unit Award while the applicant was assigned.

9.  In support of his claim, the applicant provided information on the lineage and honors of the 65th Engineer Battalion which shows this battalion received, among other awards, the Meritorious Unit Commendation for Vietnam in 1967, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for Vietnam 1966-1968, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for Vietnam 1966-1970, and the Valorous Unit Award for Cu Chi District.  He also provided information on the lineage and honors of the 25th Infantry Division which shows this division received, among other awards, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for Vietnam 1966-1968 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for Vietnam 1966-1970.

10.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.

12.  Army Regulation 600-8-22, in pertinent part, authorizes 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, including the Vietnam Service Medal.  

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.



DISCUSSION AND CONCLUSIONS:

1.  Department of the Army Pamphlet 672-3 does not show the applicant's unit, Company B, 65th Engineer Battalion, received the Valorous Unit Award while he was assigned to it.  Therefore, there is insufficient evidence on which to base award of the Valorous Unit Award in this case.

2.  The applicant's unit, 65th Engineer Battalion, was awarded the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation.

3.  The 65th Engineer Battalion and the 25th Infantry Division were each cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was assigned to them.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be corrected to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The 65th Engineer Battalion and the 25th Infantry Division were each cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned to them.  Therefore, his DD Form 214 should be corrected to show two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant did not meet the eligibility criteria for award of the American Campaign Medal.  However, as he did not request that this award be removed from his DD Form 214 no action will be taken to remove it.

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 Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.

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 award of the Valorous Unit Award.



      ___________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)                                         AR20090012351



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ABCMR Record of Proceedings (cont)                                         AR20090012351



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