IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100012921 


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 (Report of Transfer or Discharge) to show award of the Presidential Unit Citation and Army Commendation Medal.

2.  The applicant states these awards were not included on his DD Form 214.  

3.  The applicant provides a copy of:

* his DD Form 214
* an award certificate for the Army Commendation Medal
* a document pertaining to the Presidential Unit Citation
* page 3 of his DA Form 20 (Enlisted Qualification Record)

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 on 16 June 1966 for a period of 
3 years.  His records contain two DA Forms 20 which show:

* He arrived in Vietnam on 27 January 1967
* He served as a light vehicle driver assigned to Company E, 15th Engineer Battalion, 9th Infantry Division in Vietnam from January 1967 to February 1967
* He was assigned to Company B, 704th Maintenance Battalion in Vietnam from February 1967 to May 1967
* He was assigned to the 3rd Supply and Transport (S&T) Battalion in Vietnam from May 1967 to October 1967
* He was assigned to the 25th S&T Battalion in Vietnam from October 1967 to January 1968

3.  On 3 August 1969, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and the [Republic of] Vietnam Campaign Medal [with Device (1960)].

5.  Headquarters, 25th Infantry Division, General Orders Number 801, dated 
24 February 1968, show the applicant received the Army Commendation Medal for meritorious service during the period January 1967 to January 1968.

6.  In support of his claim for the Presidential Unit Citation, the applicant provided a document which shows the Presidential Unit Citation was awarded to the 3rd Brigade, 4th Infantry Division and assigned and attached units.  These units included the 3rd S&T Company (Provisional) and Company B, 704th Maintenance Battalion.

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 document shows the applicant's units, 15th Engineer Battalion, 704th Maintenance Battalion, 3rd S&T Battalion, and the 25th S&T Battalion were not cited for the Presidential Unit Citation while he was assigned to them.
8.  Department of the Army Pamphlet 672-3 shows the applicant's unit, 15th Engineer Battalion, at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 - 30 June 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 - 28 June 1969 by DAGO Number 59, dated 1969

9.  Department of the Army Pamphlet 672-3 shows the applicant's unit, 704th Maintenance Battalion, at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period September 1966 - 1 August 1967 by DAGO Number 48, dated 1971.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit, the25th S&T Battalion, at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period March 1966 - August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 - 21 January 1970 by DAGO Number 51, dated 1971

11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

12.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) 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. 

13.  Army Regulation 600-8-22, paragraph 2-13, 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the document pertaining to the Presidential Unit Citation provided by the applicant, Department of the Army Pamphlet 672-3 shows the applicant's units were not cited for the Presidential Unit Citation while he was assigned to them.  Therefore, there is an insufficient basis for adding the Presidential Unit Citation to his DD Form 214.

2.  Orders show the applicant received the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  The applicant's units, 15th Engineer Battalion, 704th Maintenance Battalion, and the 25th S&T Battalion, were each cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show three awards of this unit award.

5.  The applicant's units, 15th Engineer Battalion and the 25th S&T Battalion, were each cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  Therefore, his DD Form 214 should be corrected to show two awards of this unit award.

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 Army Commendation Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2 awards).

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.



      _______ _   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)                                         AR20100012921



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ABCMR Record of Proceedings (cont)                                         AR20100012921



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