IN THE CASE OF:
BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100024172
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Presidential Unit Citation (PUC) for the period 29 October to 30 November 1967.
2. The applicant states this award was not entered on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and Department of the Army General Orders (DAGO) Number 38, dated 20 July 1971.
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. On 20 March 1967, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 67N (Single Rotor Turbine Helicopter Mechanic).
3. On 27 August 1967, the applicant departed Fort Rucker, Alabama, for duty in the Republic of Vietnam (RVN).
a. On 30 September 1967, he was assigned for duty as a helicopter repairman with the 119th Aviation Company, 52nd Aviation Battalion.
b. On 20 September 1968, he departed the RVN for assignment at Fort Benning, Georgia.
4. On 27 February 1970, the applicant was discharged under other than honorable conditions.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Air Medal, Vietnam Campaign Medal, Aircraft Crewman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
6. DAGO Number 38, dated 20 July 1971, awarded the PUC to the 52nd Aviation Battalion for extraordinary heroism in action against a hostile force in the RVN during the period 29 October to 30 November 1967.
7. Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaigns: the Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows the 119th Aviation Company was cited in DAGO Number 21, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time of the applicant's assignment.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the PUC.
2. The applicant's unit was cited in general orders for award of the PUC during his assignment. Therefore, his records should be corrected to show this unit award.
3. Records show the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this unit award.
4. Records show the applicant participated in four campaigns during his service in the RVN. Therefore, he is authorized four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
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 showing that in addition to the awards already shown on his DD Form 214 his authorized awards include:
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm 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) AR20100024172
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ABCMR Record of Proceedings (cont) AR20100024172
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