BOARD DATE:	  30 August 2011 

		DOCKET NUMBER:  AR20110003833 


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 the Presidential Unit Citation (Navy) and the Navy Unit Commendation.

2.  The applicant states his unit in Vietnam was awarded the Presidential Unit Citation (Navy) and the Navy Unit Commendation during his period of assignment.  These awards are not listed on his DD Form 214.

3.  The applicant provides:

* A self-authored letter
* His DD Form 214
* A DD Form 215 (Correction to DD Form 214)
* His Army Commendation Medal citation
* A web page of lineage and honors information for the 344th Psychological Operations Company
* Department of the Army General Order (DAGO) Number 32, dated 
24 September 1973

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, and 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 10 December 1965 for a period of 3 years.  He completed training and he was awarded military occupational specialty 96B (intelligence analyst).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5).

3.  The applicant was reassigned to Vietnam on 26 July 1966.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 244th Psychological Operations Company on 30 July 1966.  He departed Vietnam on 23 July 1967 en route to his next assignment in the continental United States.

4.  On 10 September 1968, he was honorably released from active duty and 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:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Meritorious Unit Commendation
* Army Good Conduct Medal
* 2 Overseas Service Bars

5.  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 244th Psychological Company, the unit to which the applicant was assigned, was cited for award of the:

* Presidential Unit Citation (Navy) for the period 5 through 21 April 1967 by DAGO Number 32, dated 1973

* Navy Unit Commendation for the period 6 May 1965 through 
30 November 1967 by DAGO Number 32, dated 1973

6.  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, the applicant participated in the following two campaigns:

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

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his military record be corrected to show award of the Presidential Unit Citation (Navy) and the Navy Unit Commendation was carefully considered and determined to have merit.

2.  General orders awarded the applicant's unit the Presidential Unit Citation (Navy) and the Navy Unit Commendation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  Records show the applicant participated in two campaigns phases while assigned to Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show these bronze service stars.

4.  Orders awarded Headquarters, U.S. Army Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 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 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 (Navy)
* Navy Unit Commendation
* 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)                                         AR20110003833



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ABCMR Record of Proceedings (cont)                                         AR20110003833



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