IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100016761 


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 award of the Presidential Unit Citation.

2.  The applicant states that his unit, A Troop, 11th Armored Cavalry Regiment was recently presented the award by President Obama.

3.  The applicant provides part of a news story 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 enlisted in the Regular Army (RA) on 26 November 1965 for a period of 3 years.  He completed his training and he was awarded military occupational specialty (MOS) 11E (Armor Crewman).  He was honorably 


released from active duty on 26 November 1968 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Vietnam Service Medal
* two Overseas Service Bars

3.  The applicant enlisted in the RA on 5 December 1969 for a period of 3 years.  He was discharged on 20 September 1972 for the purpose of immediate reenlistment.  His records do not contain a DD Form 214 for this period of service.

4.  His record contains various DA Forms 20 (Enlisted Qualification Record) and a DA Form 2-1 (Personnel Qualification Record - Part II) that show he served in Vietnam:

	a.  from 1 December 1966 through 27 June 1967 while assigned to Headquarters and Headquarters Company, 5th Battalion, 60th Infantry;

	b.  from 28 June to 25 November 1967 while attached to the 716th Military Police Battalion;

	c.  from 12 January through 5 April 1970 while assigned to A Troop,
1st Squadron, 11th Armored Cavalry Regiment; and

	d.  from 6 April through 9 July 1970 while assigned to Company B,
716th Military Police Battalion.

5.  He was assigned to the Medical Holding Company, 249th General Hospital in Vietnam in a patient status until he was transferred to the Medical Holding Company, Womack Army Hospital, at Fort Bragg, NC in the same status on
3 September 1970.

6.  The applicant reenlisted on 21 September 1972.  He continued to serve until he was honorably discharged on 20 September 1978 after completing his 


required service.  He completed 11 years, 9 months, and 16 days of total active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows the:

* National Defense Service Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Good Conduct Medal (2nd Award)
* Army Commendation Medal
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badges with Rifle Bar
* "Vietnamese Cross of Gallantry with Palm" [properly known as the Republic of Vietnam Gallantry Cross with Palm Unit Citation]

7.  Review of the Recently Approved Unit Awards listings maintained by the Military Awards Branch of the U.S. Army Human Resources Command (USAHRC) shows A Troop, 11th Armored Cavalry Regiment was recently awarded the Presidential Unit Citation for action on 26 March 1970.  Although Department of the Army General Orders (DAGO) have not yet been published, unit awards listed in the USAHRC site are authorized to be added to the Soldier's uniform/records.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment as follows:

* 5th Battalion, 60th Infantry for the period December 1966 through June 1968 by DAGO Number 43, dated 1970
* 716th Military Police Battalion for the period 17 April 1965 through 18 April 1968 by DAGO Number 31, dated 1969
* 1st Squadron, 11th Armored Cavalry Regiment for the period 21 February 1970 through 28 February 1971 by DAGO 42, dated 1972

9.  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 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.


10.  Department of the Army Pamphlet 672-3 shows the 5th Battalion,
60th Infantry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969, by DAGO 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows A Troop, 11th Armored Cavalry Regiment was recently cited for award of the Presidential Unit Citation during his period of assignment in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 20 September 1978 to show this unit award.

2.  Each of the applicant's units in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although he is only authorized to wear one of these awards he is entitled to correction of his DD Form 214 to show all three awards.  Therefore, his DD Form 214 for the period ending
20 September 1978 should be corrected accordingly.

3.  Evidence shows the 5th Battalion, 60th Infantry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 20 September 1978 to show this unit award.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 26 of his DD Form 214 for the period ending
20 September 1978 the Vietnamese Cross of Gallantry with Palm, and 
    

	b.  adding to item 26 of his DD Form 214 for the period ending 20 September 1978 the:

* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100016761



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ABCMR Record of Proceedings (cont)                                         AR20100016761



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