IN THE CASE OF:	

		BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090014339 


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, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Valorous Unit Award.

2.  The applicant states that the Presidential Unit Citation was awarded by Department of Army General Orders (DAGO) Number 40, dated 1967 and DAGO Number 2, dated 1973; the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 59, dated 1969; and the Valorous Unit Award by DAGO Number 17, dated 1968.

3.  The applicant provides no additional documents 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 enlisted in the Regular Army (RA) on 8 February 1965.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He was assigned to Company B, 1st Battalion, 8th Cavalry, 1st Cavalry Division in Vietnam from 20 August 1965 to 13 September 1966.  His highest rank/grade held was specialist four (SP4)/E-4.

3.  The applicant was honorably released from active duty on 25 January 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as corrected by a DD Form 215 (Correction of DD Form 214), dated 5 January 1971, shows he was awarded the Parachutist Badge, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, and the Air Medal.

5.  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 that, at the time of the applicant’s assignment to the 1st Battalion, 8th Cavalry, this unit was cited for award of the Presidential Unit Citation for the period 23 October to 26 November 1965 by DAGO Number 40, dated 1967.

6.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to Company B, 1st Battalion, 8th Cavalry, this unit was cited for award of the Presidential Unit Citation for the period 9 November to 12 December 1965 by DAGO Number 2, dated 1973.

7.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 8th Cavalry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by DAGO Number 59, dated 1969.

8.  Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 8th Cavalry was cited for award of the Valorous Unit Award for the period 1 May to 29 June 1970 by DAGO Number 43, dated 1972.  The applicant was not assigned to this unit during this period.  


9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

10.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized 
with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Defense Campaign (8 March 1965 – 24 December 1965), Vietnam Counteroffensive (25 December 1965 – 30 June 1966), and the Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967) campaigns.

11.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations.  An oak leaf cluster is authorized for wear for each additional award of the Presidential Unit Citation (Army).

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to the 1st Battalion, 8th Cavalry when this unit was cited for award of the Presidential Unit Citation during two periods,  Therefore, his records should be corrected to show the Presidential Unit Citation with one oak leaf cluster.

2.   The applicant was assigned to the 1st Battalion, 8th Cavalry when this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this unit award.

3.  Department of the Army Pamphlet 672-3 shows the 1st Battalion, 8th Cavalry was awarded the Valorous Unit Award during the period 1 May to 29 June 1970 by DAGO Number 43, dated 1972.  However, the applicant was not assigned to this unit during the period it was cited for award of the Valorous Unit Award.  Therefore, he is not eligible for correction of his DD Form 214 to show this unit award.


4.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show three bronze service stars for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT FULL 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:

   a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

   b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with three bronze service stars, Presidential Unit Citation with one oak leaf cluster, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 correction of his records to include 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)                                         AR20090014339



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ABCMR Record of Proceedings (cont)                                         AR20090014339



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