BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100024190 


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 his second award of the Bronze Star Medal (BSM) and one award of the Presidential Unit Citation (PUC) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* he received two awards of the BSM
* he received one BSM from the 173rd Airborne Brigade and one from the 82nd Airborne Division
* the BSM from the 82nd Airborne Division is not listed on his DD Form 214
* the PUC was awarded to 1st Platoon, Troop E, 17th Cavalry, 173rd Airborne Brigade, for the period October 1966 to December 1966
* both medals were awarded after his discharge from the Army

3.  The applicant provides:

* DD Form 214
* citation and orders for the BSM for meritorious achievement during the period 14 February 1968 to 14 July 1968
* letter, dated 8 May 1998
* orders for the PUC
* excerpt from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* pages 69-86 of an After Action Report for Operation Winchester

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 military records are not available for review.  However, this case is being considered using reconstructed records which primarily consist of his DD Form 214 and the records he provided.

3.  His DD Form 214 shows he enlisted in the Regular Army on 14 September 1965 for a period of 3 years.  He served as an indirect fire infantryman in Vietnam.  He was released from active duty on 28 June 1968 and transferred to the U.S. Army Reserve 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 BSM with "V" Device among other awards.  It does not show the PUC as an authorized award.

5.  His duty assignments in Vietnam are not available.

6.  He provided orders, dated 25 November 1968, which show he received the BSM for meritorious achievement for the period 14 February 1968 to 14 July 1968 in Vietnam.  These orders show he was assigned to Headquarters and Headquarters Company, 1st Battalion, 508th Infantry, during this period.

7.  He provided orders which show Troop E, 1st Platoon, 17th Cavalry, received the PUC (Navy) for the period 7 October 1966 to 4 December 1966.

8.  He also provided pages 69-86 of an After Action Report for Operation 
Winchester in Vietnam during the period 8 October 1966 to 4 December 1966.  This report shows 1st Platoon, Troop E, 17th Cavalry, was part of this operation.  However, he was not identified by name in this report.

9.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the BSM.

10.  Army Regulation 600-8-22 states the PUC [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.

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 214 shows he received the BSM with "V" Device for heroism in Vietnam.  The orders provided by the applicant which show he received the BSM for meritorious achievement in Vietnam is accepted as sufficient evidence with which to add a second award of the BSM to his DD Form 214.  His DD Form 214 should be corrected to show the BSM with "V" Device and 1st Oak Leaf Cluster.

2.  Since his records are not available, and no evidence shows he was assigned to Troop E, 1st Platoon, 17th Cavalry, in Vietnam during the period 7 October 1966 to 4 December 1966, there is insufficient evidence with which to add the PUC to his DD Form 214 at this time.

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 is 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 deleting the entry "BRONZE STAR W/V DEVICE" from item 24 of his DD Form 214 and replacing it with the entry "BRONZE STAR MEDAL WITH "V" DEVICE AND 1ST OAK LEAF CLUSTER."

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 PUC 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)                                         AR20100024190



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ABCMR Record of Proceedings (cont)                                         AR20100024190



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