IN THE CASE OF:	  

		BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100000063 


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 he is entitled to the following unit awards for his service in the Republic of Vietnam (RVN):  Army Presidential Unit Citation, Army Valorous Unit Award, Army Meritorious Unit [Commendation], RVN Presidential Unit Citation, RVN Gallantry Cross Unit Citation, and possibly others.

2.  The applicant states he was assigned to C Battery, 2d Battalion, 19th Artillery 1st Cavalry Division during the period 13 July 1969 to 5 August 1970 and stationed in the III Corps Tactical Zone, specifically in the Tay Ninh, Quan Loi, and Bien Hoa area, and was also involved in the push into the Fishhook of Cambodia in 1970.

3.  The applicant provides a copy of his DD Form 214.

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 4 December 1968.  He was trained in and awarded military occupational specialty 13A (Field Artillery Basic).  

3.  A DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) the applicant served in the RVN for the period 13 July 1969 through 
5 August 1970.  Item 38 (Record of Assignments) shows, on 21 July 1969, he was assigned to Battery A, 2d Battalion, 19th Artillery, 1st Air Cavalry Division.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Bronze Star Medal with "V" Device, and Air Medal (1st oak leaf cluster).  

5.  The applicant states he was assigned to Battery C, 2d Battalion, 19th Artillery.  His record does not contain orders assigning him to this unit.  

6.  The following general orders published by Headquarters, 1st Cavalry Division, announced awards to the applicant and show he was assigned to Battery C, 
2d Battalion, 19th Artillery.

* General Orders Number 11267, dated 25 June 1970, announcing award of the Air Medal 
* General Orders Number 11736, dated 3 July 1970, announcing award of the Army Commendation Medal 
* General Orders Number 12780, dated 18 July 1970, announcing award of the Bronze Star Medal with "V" Device

7.  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 pamphlet does not show that Battery A or Battery C, 2d Battalion, 19th Artillery, received unit awards during the applicant's service in the RVN.

8.   Department of the Army Pamphlet 672-3 shows the 2d Battalion, 19th Artillery, was awarded the:

* Valorous Unit Award (VUA) for the period 1 May 1970 to 29 June 1970 as confirmed by Department of the Army General Order (DAGO) Number 43, dated 1972
* RVN Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 as confirmed by DAGO Number 42, dated 1972 (amended by DAGO 11, dated 1973) 
* RVN Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 as confirmed by DAGO Number 42, dated 1972
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
1 January 1969 to 1 February 1970 as confirmed by DAGO Number 42, dated 1972.

9.  DAGO 40, dated 1967, confirmed award of the Presidential Unit Citation to the 2d Battalion, 19th Artillery for the period 23 October 1965 to 26 November 1965, prior to the applicant's assignment to the unit in 1969.  

10.  The record is void of documentation showing the applicant's unit was awarded the Meritorious Unit Commendation or RVN Presidential Unit Citation.

11.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states 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.

13.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  Special Orders Number 18, Headquarters, Third Basic Combat Training Brigade, dated 27 January 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

15.  Department of the Army Pamphlet 672-3 lists the campaign periods for the Vietnam era.  The following four designated campaigns coincide with the applicant's period of service in the RVN:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

16.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, in this case the Vietnam Service Medal, for each credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show Presidential and unit citations awarded to the unit he was assigned to during his service in the RVN was carefully considered and found to be partially supported by the evidence.

2.  Although the applicant served in a unit that was awarded the Presidential Unit Citation, he did not serve in the unit during the period for which it received the award.  Accordingly, he is not entitled to correction of his record to show award of the Presidential Unit Citation.  

3.  There is no evidence of record showing the applicant's unit in the RVN was awarded the Meritorious Unit Commendation or a RVN Presidential Unit Citation.  He is not entitled to correction of his record to show these awards.

4.  DAGOs confirmed the applicant's unit was awarded the VUA, RVN Civil Actions Honor Medal First Class Unit Citation, and twice awarded the RVN Gallantry Cross with Palm Unit Citation.  The applicant was assigned to the unit during the periods for which the unit received these awards.  Therefore, he is entitled to correction of his record to show the VUA, RVN Civil Actions Honor Medal First Class Unit Citation, and two RVN Gallantry Cross with Palm Unit Citations.   

5.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his records to show this award.

6.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in four campaigns while serving in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his previously-awarded Vietnam Service Medal.


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:

	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 four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards)
* Republic of Vietnam Civil Actions Honor Medal First Class 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 the Presidential Unit Citation, Meritorious Unit Commendation, and RVN 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)                                         AR20100000063





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ABCMR Record of Proceedings (cont)                                         AR20100000063



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