IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120003179
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, in effect, correction of his records to add the Presidential Unit Citation (Army), Vietnam Presidential Unit Citation, and the Meritorious Unit Commendation.
2. The applicant states he would like to have his records reviewed for entitlement to the Presidential Unit Citation (Army), Vietnam Presidential Unit Citation, and the Meritorious Unit Commendation.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Record).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 29 June 1965 and held the military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
3. His DA Form 20 shows he was assigned to the Republic of Vietnam (RVN) from 16 December 1965 to 17 January 1967 with:
* Company B, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division, from 6 January 1966 to 6 March 1966
* U.S. Army Medical Center (patient), from 7 March 1966 to 11 April 1966
* Company B, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division, from 12 April 1966 to 19 November 1966
* U.S. Army Hospital (patient), from 20 November 1966 to 17 January 1967
4. He was honorably released from active duty on 28 June 1967. His DD Form 214 does not show the Presidential Unit Citation (Army), Vietnam Presidential Unit Citation, or the Meritorious Unit Commendation.
5. DA Pamphlet 672-3 establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that Company B, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division was cited for award of the:
* Presidential Unit Citation by DA General Order (DAGO) Number 40, dated 1967, for valor from 23 October 1965 to 26 November 1965
* Presidential Unit Citation by DAGO Number 2, dated 1973, for valor from 12 December 1966 to 18 February 1967
* Valorous Unit Award by:
* DAGO Number 39, dated 1970, for valor from 1 October 1967 to
31 October 1967
* DAGO Number 43, dated 1972, for valor from 1 May 1970 to
19 June 1970
* RVN Gallantry Cross with Palm Unit Citation was awarded by:
* DAGO Number 21, for service from 14 November 1965 to 16 November 1965
* DAGO Number 70, dated 1969, for service from 9 August 1965 to 13 November 1965 and 17 November 1965 to 19 May 1969
* DAGO Number 11, dated 1973, for service from May 1969 to February 1970
* DAGO Number 42, dated 1972, for service from 21 February 1970 to 28 February 1971
* DAGO Number 54, dated 1974, for service from 17 September 1965 to June 1972
* RVN Civil Actions Honor Medal First Class Unit Citation was awarded by DAGO Number 42, dated 1972, for service from 1 January 1969 to 1 February 1970
DISCUSSION AND CONCLUSIONS:
The applicant's unit was not cited for award of the Vietnam Presidential Unit Citation or the Meritorious Unit Commendation. Additionally, his unit was not cited for award of the Presidential Unit Citation during his period of service. Therefore, he is not entitled to these awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X ___ ___X____ ___X ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20120003179
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ABCMR Record of Proceedings (cont) AR20120003179
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