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ARMY | BCMR | CY2010 | 20100012572
Original file (20100012572.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100012572 


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 addition of the Presidential Unit Citation to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that the Presidential Unit Citation is not listed on his DD Form 214.  He also states he never received any of the certificates or citations for his various awards.  He would like to have them to hang on his wall.  [Note:  The Board can only address issues of records correction; it cannot provide award elements.  However, if any copies of the certificates or citations had been contained in the available records, they would have been forwarded to the applicant.  Therefore, this matter will not be further discussed herein.]

3.  The applicant provides copies of a proposed citation for the Presidential Unit Citation to be awarded to 3rd Battalion (Airmobile), 506th Infantry, for the period 31 January 1968-25 February 1968.

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 2 February 1967 and completed basic training where he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Following advanced individual training as a medical aidman, he completed basic airborne training and was awarded the Parachutist Badge.

3.  He served in the Republic of Vietnam (RVN) from 30 October 1967 to 21 September 1968 with Headquarters and Headquarters Company, 3rd Battalion (Airmobile), 506th Infantry, where he was awarded the Bronze Star Medal with "V" Device, the Army Commendation Medal, and the Combat Medical Badge.

4.  He returned to the United States and was separated on 28 September 1968 with an honorable characterization of service and was transferred to the U.S. Army Reserve Control Group (Annual Training) in pay grade E-3.

5.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Purple Heart, Combat Medical Badge, Parachutist Badge, Army Commendation Medal, and Bronze Star Medal with "V" Device.

6.  The applicant earned awards that are not listed on his DD Form 214.

	a.  His DA Form 20 (Enlisted Qualification Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

	b.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  Four campaign periods -- the Vietnamese Counteroffensive Phase III from 1 June 1967-29 January 1968, the Tet Counteroffensive from 30 January 1968-1 April 1968, the Vietnamese Counteroffensive Phase IV from 2 April 1968-30 June 1968, and the Vietnamese Counteroffensive Phase V from 1 July 1968-November 1968, correlate with the applicant's tour of duty.

	c.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 3rd Battalion, 506th Infantry, was awarded the Valorous Unit Award for the period 31 January 1968-25 February 1968 by Department of the Army General Orders (DAGO) Number 16, dated 1972; the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974; and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968-31 May 1970 by DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the Presidential Unit Citation is not listed on his DD Form 214.

2.  It appears the proposed Presidential Unit Citation was approved as a Valorous Unit Award.  The dates of the described action correspond perfectly and there is no available evidence of an authorized Presidential Unit Citation.

3.  In addition to the Valorous Unit Award the applicant's unit was also awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

4.  He served during four designated campaign periods and is authorized four bronze service stars for wear on the Vietnam Service Medal.

5.  The applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  The above awards should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 showing that in addition to the awards already listed on his 28 September 1968 DD Form 214 he is authorized the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar, and four bronze service stars for wear on the Vietnam Service Medal.

2.  The Board further determined 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 adding the Presidential Unit Citation to his DD Form 214.



      ____________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)                                         AR20100012511



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ABCMR Record of Proceedings (cont)                                         AR20100012572



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