Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090013003
Original file (20090013003.txt) Auto-classification: Denied
		BOARD DATE:	  28 January 2010 

		DOCKET NUMBER:  AR20090013003 


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 reconsideration of the Army Board for Correction of Military Records (ABCMR) denial to correct his military records to show he is authorized the Presidential Unit Citation (Army).

2.  The applicant states that the Presidential Unit Citation (Army) was awarded to the Studies and Observation Group, Military Assistance Command, Vietnam, in General Orders 25, dated 2001.  He states that the citation states that “supporting these hazardous missions were helicopter units of the U.S. Army and that these courageous aviators often flew through heavy fire to extract Special Operations Group operators from seemingly hopeless situations….”  The applicant states that he flew these missions while serving with the 57th Assault Helicopter Company between June 1969 and July 1970 and he should therefore be authorized to wear the Presidential Unit Citation (Army).

3.  The applicant provides, in support of his application, copies of a history of the 57th Assault Helicopter Company from 1 January 1969 - 31 December 1969, an excerpt from "Running Recon, A Photo Journey with SOG Special Ops Along the Ho Chi Minh Trail," and photographs of his unit's patches.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090003352, on 16 July 2009.
2.  The applicant submitted a history of the 57th Assault Helicopter Company from 1 January 1969 - 31 December 1969, an excerpt from "Running Recon, A Photo Journey with SOG Special Ops Along the Ho Chi Minh Trail," and photographs of his unit's patches.  These documents are new evidence which requires that his case be reconsidered by the ABCMR.  

3.  Records available to the Board indicate the applicant was inducted and entered active duty as an enlisted Soldier on 9 December 1968.  He was assigned as a crew chief with the 57th Aviation Company in Vietnam between June 1969 and July 1970 where he was awarded, among other decorations, three awards of the Purple Heart and 18 awards of the Air Medal.

4.  On 16 July 1970, the applicant was released from active duty with an honorable characterization of service.

5.  Department of the Army General Order Number 25, dated 8 June 2001, announced award of the Presidential Unit Citation to the Military Assistance Command, Vietnam (MACV), Studies and Observation Group for the period 
24 January 1964 to 30 April 1972.  The order included a list of 12 Army units that were assigned or attached to the Studies and Observation Group and also entitled to the award.  The 57th Assault Helicopter Company is not listed among those units.

6.  The history of the 57th Assault Helicopter Company documents unit operations, aircraft damage, casualties suffered, and awards submitted for the year 1969.  This history documents missions flown in support of the 5th Special Forces Group as well as other missions as assigned.  However, there is no evidence the 57th Assault Helicopter Company was assigned or attached to the 5th Special Forces Group.  

7.  The additional documents provided by the applicant further documented his unit's mission and the support they provided.  

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation 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.  An individual must be assigned or attached to a unit during the period for which the decoration was awarded in order to be authorized permanent wear of the decoration.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be authorized to wear the Presidential Unit Citation (Army).

2.  Department of the Army General Order Number 25, dated 8 June 2001, shows the Presidential Unit Citation (Army) was awarded to the Studies and Observations Group, MACV for the period 24 January 1964 to 30 April 1972 and listed specific assigned or attached units that were included in the award.  The 57th Assault Helicopter Company is not among those listed in the citation.  There is no evidence the applicant's unit was attached or assigned to one of the units that are listed on the citation.  

3.  The fact that the applicant flew numerous missions with the 57th Assault Helicopter Company is a matter of record and the bravery and accomplishments of the men in that unit are not in question.  There is simply no evidence of the applicant's unit having been included in the Presidential Unit Citation (Army) announced in Department of the Army General Order Number 25, dated 8 June 2001.  Therefore, there is no basis for granting the applicant's request for the Presidential Unit Citation (Army).

4.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x_____  ___x____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090003352, dated 16 July 2009.




      _______ _   _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)                                         AR20090012941



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090013003



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090002871

    Original file (20090002871.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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 (PUC). He further states that SOG-MACV and its air asset units were awarded the PUC for extraordinary heroism during combat operations behind enemy lines in Laos and Cambodia.

  • ARMY | BCMR | CY2006 | 20060007074C070205

    Original file (20060007074C070205.doc) Auto-classification: Denied

    The applicant requests a second award of the Presidential Unit Citation that was awarded to the Military Assistance Command, Vietnam, Studies and Observation Group (MACV/SOG) on 22 August 2000. Although the citation for the Presidential Unit Citation awarded to MACV/SOG mentions “helicopter units of the U.S. Army” and the unit history provided by the applicant states the 52nd Aviation Battalion supported Project Omega, there is no evidence of record which shows the applicant’s unit was...

  • ARMY | BCMR | CY2009 | 20090003352

    Original file (20090003352.txt) Auto-classification: Denied

    The applicant requests correction of his records to reflect award of a Presidential Unit Citation. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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.

  • ARMY | BCMR | CY2008 | 20080015845

    Original file (20080015845.txt) Auto-classification: Denied

    h. In a 4 October 2005 statement, retired LTC U____ states that he was the battalion commander at the time. Now retired COL H. M____ states that he was the company's awards officer and that the applicant was recommended for the DFC for Operation Halfback. While it is reasonable to conclude from the available evidence that the applicant was recommended for award of the DFC, there is no "conclusive evidence" of the loss of the recommendation or the failure to act on the recommendation...

  • ARMY | BCMR | CY2002 | 2002075251C070403

    Original file (2002075251C070403.rtf) Auto-classification: Approved

    The applicant requests correction of his records to show eight awards of the Air Medal to include one award of the Air Medal for valor (correctly known as the Air Medal with "V" Device), the Army Commendation Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. There are no orders available to the Board which show the Army Commendation Medal was awarded to the...

  • ARMY | BCMR | CY2002 | 2002073833C070403

    Original file (2002073833C070403.rtf) Auto-classification: Approved

    In support of his applications, he submits a copy of his DD Form 214; a supplemental letter; a letter from the Special Operations Command; a memorandum from the U.S. Total Army Personnel Command (PERSCOM); a certificate for award of the Presidential Unit Citation; orders for non-aviator flight status; a fax message; citation for award of the Presidential Unit Citation; a listing of helicopter units that flew for the Studies and Observations Group; orders awarding the Air Medal; and a DA Form...

  • ARMY | BCMR | CY2001 | 2001065931C070421

    Original file (2001065931C070421.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant has provided...

  • ARMY | BCMR | CY2012 | 20120020471

    Original file (20120020471.txt) Auto-classification: Approved

    A statement by a SGT (medical advisor) states he received a fragment wound on 26 July 1972, the wound was cleansed and dressed, and he was then evacuated to the 67th Evacuation Hospital where an X-ray of the wound revealed a small fragment. Therefore, there is insufficient evidence to support awarding him the Purple Heart and correcting his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2009 | 20090013337

    Original file (20090013337.txt) Auto-classification: Approved

    Army Regulation 600-8-22 states 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 evidence of record shows the applicant was awarded the Vietnam Service Medal. General orders awarded the applicant's unit of assignment, the 189th Aviation Company, the Presidential Unit Citation for extraordinary heroism from 29 October 1967 to 30 November 1967...

  • ARMY | BCMR | CY2010 | 20100013110

    Original file (20100013110.txt) Auto-classification: Denied

    The applicant requests to be awarded the following awards: * Scuba Diver Badge (Renamed as the Special Operations Diver Badge) * Turkish Commando Badge * Military Assistance Command - Vietnam (MACV) Presidential Unit Citation * Cold War Certificate 2. The applicant contends he should be awarded the Special Operations Diver Badge, Turkish Commando Badge, MACV - SOG Presidential Unit Citation, and the Cold War Certificate. Additionally, the Turkish Commando Badge is neither listed as an...