BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110005916 


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 Valorous Unit  Award
* the Vietnam Gallantry Cross with Palm Unit Citation
* the Presidential Unit Citation

2.  He states the Presidential Unit Citation, Vietnam Cross of Gallantry w/Palm and Valorous Unit Award are not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* an excerpt from DA Pam 672-3 (Unit Citation and Campaign Participation Credit Register)
* calendar printout from a website

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.  His record shows he was enlisted into the Army on 5 December 1967 and held military occupational specialty 35K20 (Avionics Mechanic).  The highest rank/pay grade he attained while serving on active duty was specialist (SPC)/E-4.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he was awarded or authorized to wear:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Good Conduct Medal
* Expert M14
* Two Oversea Bars

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) show he served in the Republic of Vietnam during the period 30 June 1968 through 17 July 1969.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he was assigned to 11th Armored Cavalry Division, Air Cavalry Troop.

6.  Item 41 (Awards and Decorations) of his DA Form 20 and item 24 of his DD Form 214 does not show award of the Valorous Unit Award, Vietnam Gallantry Cross with Palm Unit Citation, or Presidential Unit Citation.

7.  There is no evidence in the available record and he has not provided any evidence showing his unit was awarded the Valorous Unit Award or Presidential Unit Citation.

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 11th Armored Cavalry unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September through 10 August 1968 by Department of the Army General Order Number 60, dated 1969.
9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is worn to show participation in five campaigns. Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in five campaigns:  Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive and Vietnam Summer-Fall 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show awards of the Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award and Presidential Unit Citation was carefully considered.

2.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  The applicant participated in five campaign phases during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his previously awarded Vietnam Service Medal and his DD Form 214 should be corrected to show this entitlement.

4.  The evidence does not show that the unit to which he was assigned during his tour of duty in the Republic of Vietnam war cited for either the Presidential Unit Citation or the Valorous Unit Award during his period of assignment and he has not provided any evidence to the contrary.  Therefore, he is not entitled to have his records corrected to show these unit awards.

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 was sufficient to warrant a recommendation of partial relief.  As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected by adding the following to items 24 of his DD Form 214: Republic of Vietnam Gallantry Cross with Palm Unit Citation and one silver service star affixed to his previously awarded Vietnam Service Medal.

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 the following Valorous Unit Award and Presidential 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)                                         AR20110005916





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ABCMR Record of Proceedings (cont)                                         AR20110005916



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