IN THE CASE OF:	

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090013337 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal, two awards of the Presidential Unit Citation, and four bronze service stars with the Vietnam Service Medal.

2.  The applicant states that some awards were omitted from his DD Form 214.

3.  The applicant provides a copy of a letter from the National Personnel Records Center, dated 21 April 2008; copies of his DD Forms 214, dated 28 February 1982 and 16 November 1953; a copy of an internet printout regarding the criteria for award of the Korea Defense Service Medal, dated 3 November 2008; a copy of his Officer Record Brief, dated 1976; a copy of a memorandum from the U.S. Army Human Resources Command (USAHRC), Alexandria, VA, awarding the Presidential Unit Citation to the 52nd Aviation Battalion, dated 19 December 2003; a listing of units assigned to the 52nd Aviation Battalion; an extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Register), dated 29 January 1988; a copy of Department of the Army General Orders Number 38, dated 20 July 1971; a copy of the 189th Aviation Company history; a copy of his DA Form 67-5 (U.S. Army Officer Efficiency Report) for the period 3 September 1967 through 2 January 1968; a copy of a memorandum from the U.S. Army Special Operations Command, Fort Bragg, NC, dated 1 March 2001; a copy of a memorandum from the U.S. Total Army Personnel Command [now known as USAHRC], Alexandria, VA, dated 12 October 2000; and a copy of a certificate awarding the Presidential Unit Citation to the Studies and Observation Group, U.S. Army Military Assistance Command, Vietnam 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 and entered active duty in Harrisburg, PA, on 14 October 1952.  He attended the Engineer Officer Candidate School from 15 June 1953 to 16 November 1953 and was honorably discharged on 16 November 1953 in the rank of private/E-2 to accept a commission as a second lieutenant (2LT).  The DD Form 214 (Report of Separation from the Armed Forces of the United States) he was issued shows he was awarded the National Defense Service Medal.

3.  The applicant's records show he was appointed as a 2LT on 17 November 1953.  He served in various staff and leadership positions within and outside the continental United States and was promoted through the ranks to colonel (COL). He was also trained in and held an aviation primary specialty.

4.  The applicant's records show he completed several periods of foreign service as follows:

	a.  He served in Korea from on or about 10 March 1961 to on or about 21 June 1962.  He was assigned to Headquarters, 2nd Engineer Group.

	b.  He served in the Republic of Vietnam from on or about 11 April 1963 to on or about 20 July 1963.  His unit of assignment cannot be determined.

	c.  He served in Germany from on or about 12 January 1965 to on or about 12 December 1966.  He was assigned to Headquarters, 7th Army.

	d.  He served in the Republic of Vietnam from on or about 22 June 1967 to on or about 14 June 1968.  He was assigned to the 189th Aviation Company.

5.  He was honorably retired on 28 February 1983 and placed on the Retired List in his retired grade of COL on 1 March 1983.  He was credited with over 30 years of active service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he was awarded the Defense Superior Service Medal, the Legion of Merit, the Bronze Star Medal (1st Oak Leaf Cluster) and "V" Device, the Meritorious Service Medal, the Distinguished Flying Cross, the Army Commendation Medal (1st Oak Leaf Cluster), the Good Conduct Medal, the Air Medal (10th Oak Leaf Cluster), the National Defense Service Medal (1st Oak Leaf Cluster), the Army of Occupation Medal with Germany Clasp, the Army Service Ribbon, the Overseas Service Ribbon, the Vietnam Service Medal, the Vietnam Campaign Medal, the Vietnam Gallantry Cross with Palm Unit Citation, and the Master Aviator Badge.

6.  USAHRC memorandum, dated 19 December 2003, shows the 52nd Aviation Battalion was awarded the Presidential Unit Citation for extraordinary heroism from 29 October 1967 to 30 November 1967.  The memorandum further states that this award was previously announced in Department of the Army General Orders Number 38, dated 20 July 1971.  The memorandum stated that Department of the Army Pamphlet 672-3 erroneously shows only Headquarters and Headquarters Company, 52nd Aviation Battalion, as the recipient of this award.

7.  According to the Army Center for Military History, the 189th Aviation Company entered the Vietnam conflict in May 1967 and was assigned to the 52nd Combat Aviation Battalion at Camp Holloway, Pleiku, Vietnam.  The 189th Aviation Company was just one unit of the largest aviation battalion ever formed, the 52nd Combat Aviation Battalion, also known as the Flying Dragons, and was subordinate to the 17th Combat Aviation Group.

8.  USAHRC memorandum, dated 12 October 2000, awarded the Presidential Unit Citation to the Studies and Observation Group, U.S. Army Military Assistance Command, Vietnam, for extraordinary heroism against an armed enemy from 24 January 1964 to 30 April 1972.

9.  Headquarters, Department of the Army General Orders Number 25, dated 8 June 2001, show that the Studies and Observations Group of the Military Assistance Command-Vietnam (MACV-SOG) was awarded the Presidential Unit Citation for extraordinary heroism from 24 January 1964 to 30 April 1972 in the Republic of Vietnam.

10.  The MACV-SOG was a highly classified, multi-service U.S. Special Forces unit which conducted covert unconventional warfare operations prior to and during the Vietnam war.  It was established on 24 January 1964 and conducted strategic reconnaissance missions in South Vietnam, North Vietnam, Laos, and Cambodia.  It carried out the capture of enemy prisoners, rescued downed pilots, conducted rescue operations to retrieve allied prisoners of war throughout Southwest Asia, and conducted clandestine agent team activities and psychological operations.  The Operations Staff Directorate was divided into numbered divisions:  OP31 through OP35.  This was Navy nomenclature because MACV was originally organized and supported by the Commander in Chief, Pacific Command, a Navy dominated unified command.  OP31 was the Maritime Studies Branch; OP32 was the Air Studies Branch, OP33 was the Psychological Operations Branch; OP34 was the Airborne Studies Branch; and OP35 was the Ground Studies Branch.  OP35 was responsible for cross-border operations and was comprised of three elements:

   a.  Special Operations Augmentation Command and Control Central was formed in November 1967 and departed Vietnam in March 1971.  It was stationed in Kontum, with responsibility for classified unconventional warfare operations throughout the tri-border regions of Laos, Cambodia and Vietnam.

	b.  Special Operations Augmentation Command and Control North was formed in November 1967 and departed Vietnam in March 1971.  It was assigned to conduct classified special unconventional warfare missions into Laos and North Vietnam.

   c.  Special Operations Augmentation Command and Control South was formed in November 1967 and departed Vietnam in March 1971.  It was located in Ban Me Thuot and created when permission was granted to conduct cross-border missions into Cambodia.  It was engaged in classified special unconventional warfare missions inside Viet Cong-dominated South Vietnam and throughout Cambodia.

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the Presidential Unit Citation.  It is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.  The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart from and above other units participating in the same campaign.  The degree of heroism required is the same as that which would warrant award of a Distinguished Service Cross to an individual.  Extended periods of combat duty or participation in a large number of operational missions, either ground or air is not sufficient.  This award will normally be earned by units that have participated in single or successive actions covering relatively brief time spans.  It is not reasonable to presume that entire units can sustain Distinguished Service Cross performance for extended periods except under the most unusual circumstances. Only on rare occasions will a unit larger than a battalion qualify for award of this decoration.  

12.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Furthermore, appendix B of Army Regulation 600-8-22 shows that campaign participation credit was awarded for the Vietnam Advisory Campaign from 15 March 1962 to 7 March 1965, the Vietnam Counteroffensive Phase III from 1 June 1967 to 29 January 1968, the Tet Counteroffensive from 30 January 1968 to 1 April 1968, and the Vietnam Counteroffensive Phase IV from 2 April 1968 to 30 June 1968 during the applicant's 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.

13.  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 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 from 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 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Korea Defense Service Medal, two awards of the Presidential Unit Citation, and four bronze service stars with the Vietnam Service Medal.

2.  The evidence of record shows that the applicant served in Korea from on or about 10 March 1961 to on or about 21 June 1962.  Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.
4.  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 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  With respect to the second award of the Presidential Unit Citation, general orders awarded the MACV-SOG the Presidential Unit Citation for extraordinary heroism from 24 January 1964 to 30 April 1972 in the Republic of Vietnam.  However, while the applicant's unit of assignment, the189th Aviation Company, may have provided support to the MACV-SOG, there is no evidence that the 189th Aviation Company was assigned or attached to the MACV-SOG or that it was an organic unit of this command during the period the MACV-SOG was awarded the Presidential Unit Citation.  In addition, his unit of assignment during his first tour in Vietnam cannot be determined.  Therefore, there is insufficient evidence to grant the applicant a second award of the Presidential Unit Citation.

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 to his DD Form 214 for the period ending 28 February 1983 the Korea Defense Service Medal, the Presidential Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


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 a second award of the Presidential Unit Citation.



      ___________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)                                         AR20090013337



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ABCMR Record of Proceedings (cont)                                         AR20090013337



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