IN THE CASE OF:	  

		BOARD DATE:	    10 February 2011

		DOCKET NUMBER:  AR20100020708 


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 award of the Presidential Unit Citation for service with Company A, 1st Battalion, 5th Cavalry, in Vietnam 2 - 3 October 1966 and 20 March 1967.

2.  The applicant states he was assigned to Battery B, 1st Battalion, 77th Artillery, but he was attached to Company A, 1st Battalion, 5th Cavalry, as a radio transmission operator and served as a forward observer for about 8 or 9 months.  He further states he was in the village on 2 - 3 October 1966 when the action took place.

3.  The applicant provided no additional evidence.

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's records show he was inducted into the Army of the United States on 8 October 1965 and held military occupational specialty 13E (Cannon Fire Direction Specialist).  He served in Vietnam from on or about 25 March 1966 to 23 April 1967 while assigned as follows:

* 3 April 1966 – Headquarters Battery, 3rd Battalion, 18th Artillery
* 12 April 1966 – Battery C, 6th Battalion, 14th Artillery
* 23 April 1966 – Headquarters and Headquarters Battery, 1st Cavalry Division Artillery
* 1 June 1966 – Battery B, 1st Battalion, 77th Artillery
* 23 April 1967 – en route to the continental United States

3.  Headquarters, 1st Cavalry Division General Orders (GO) Number 701, dated 15 February 1967, awarded him the Air Medal for meritorious achievement while participating in aerial flights in Vietnam during the period from 1 November 1966 to 1 February 1967.  The orders show his assigned unit as Company A, 1st Battalion, 5th Cavalry.

4.  His records do not contain orders attaching him to Company A, 1st Battalion, 5th Cavalry. 

5.  On 6 October 1967, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Air Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal (1st Award), Bronze Star Medal, two overseas service bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, he participated in the following two campaigns:

* Vietnam Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase II, 1 July 1966 - 31 May 1967

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to Battery C, 6th Battalion, 14th Artillery, this unit was cited for award of the:

* Meritorious Unit Commendation for the period 27 November 1965 - 10 November 1967 by Department of the Army (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 23 October 1965 - 23 June 1970 by DAGO Number 55, dated 1971

9.  Department of the Army Pamphlet 672-3 shows that at the time of his attachment to Company A, 1st Battalion, 5th Cavalry, this unit was cited for award of the Presidential Unit Citation for the period 2 - 3 October 1966 by DAGO Number 47, dated 1968, and for 20 March 1967 by DAGO 73, dated 1968.

10.  Department of the Army Pamphlet 672-3 shows that at the time of his assignment to 1st Battalion, 77th Artillery, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 - 16 April 1971 by DAGO Number 54, dated 1974.

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 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that GO Number 701 awarded him the Air Medal and shows his unit of assignment as Company A, 1st Battalion, 5th Cavalry.  Although his record is void of attachment or assignment orders to this unit, this award gives weight to his argument that he was attached to Company A, 1st Battalion, 5th Cavalry during a qualifying period for two awards of the Presidential Unit Citation. 

2.  Any reasonable doubt regarding his eligibility for two awards of the Presidential Unit Citation should be ruled in his favor.  Therefore, it would be appropriate to correct his records to show these unit awards.

3.  He participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to one additional bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show two bronze service stars.

4.  General orders awarded his units in Vietnam the Meritorious Unit Commendation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to Vietnam.  Although he is only authorized to wear one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, he is entitled to correction of his DD Form 214 to show all of these unit awards.

BOARD VOTE:

__X____  ___X____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 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 two bronze service stars, Presidential Unit Citation (two awards), Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards).



      _________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)                                         AR20100020708



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ABCMR Record of Proceedings (cont)                                         AR20100020708



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