BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110012147
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 decorations and unit citations for service in the Republic of Vietnam with the 2nd Battalion, 502nd Infantry Regiment, 1st Brigade, 101st Airborne Division (Air Assault) from July 1965 to June 1966.
2. He states the:
a. 2nd Battalion, 502nd Infantry Regiment, 1st Brigade, 101st Airborne Division (Air Assault) received two Presidential Unit Citations and a Valorous Unit Award during the July 1965 to June 1966 timeframe; and
b. awards are not annotated on his DD Form 214, which keeps him from obtaining recognition and copies of the citations.
3. He provides his DD Form 214.
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 enlisted in the Regular Army on 19 October 1964.
3. His DA Form 20 (Enlisted Qualification Record) shows:
a. in item 31 (Foreign Service) he served in the Republic of Vietnam from
8 July 1965 to 20 June 1966;
b. in item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 502nd Infantry Regiment; and
c. Item 41 (Awards and Decorations) shows the Parachutist Badge, Vietnam Service Medal, National Defense Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
4. He was honorably released from active duty on 18 July 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement). The DD Form 214 he was issued shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the Parachutist Badge, Vietnam Service Medal, National Defense Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 502nd Infantry Regiment, the unit to which the applicant was assigned, was cited for award of the:
a. Presidential Unit Citation for action during the period 18 to 19 September 1965 by Department of the Army General Order (DAGO) Number 20, dated 1967 and from 2 to 20 June 1966, by DAGO Number 59, 1968;
b. Valorous Unit Award for action during the period 17 January to 25 March 1966 by DAGO Number 1, dated 1969;
c. Meritorious Unit Commendation for action during the period 29 July 1965 to 1 October 1966 by DAGO Number 1, dated 1969; and
d. Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 1 to 31 July 1966 by DAGO Number 21, dated 1969.
6. A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states 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, participation credit was awarded for the following two campaigns:
* Vietnam Defense (8 March to 24 December 1965 )
* Vietnam Counteroffensive (25 December 1965 to 30 June 1966)
8. Army Regulation 600-8-2, paragraph 7-7, states that an oak leaf cluster is authorized for each additional award of the Presidential Unit Citation (Army).
DISCUSSION AND CONCLUSIONS:
1. DAGOs awarded his unit the Presidential Unit Citation with oak leaf cluster (2nd award), Valorous Unit Award, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his period of assignment. Therefore, he is entitled to have his DD Form 214 to show these awards.
2. Records show the applicant participated in two campaigns while serving in the Republic of 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 service stars.
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
adding to item 24 of his DD Form 214 the Presidential Unit Citation (2nd award), Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his Vietnam Service Medal.
_________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) AR20110012147
2
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