BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120009848
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 the Presidential Unit Citation (PUC), Valorous Unit Award (VUA), Meritorious Unit Commendation (MUC), and Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, he was discharged before these unit awards were awarded to his Vietnam unit (Troop A, 2nd Squadron, 17th Cavalry).
3. The applicant provides:
* Orders for the Purple Heart
* 101st Airborne military record of awards
* 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 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 enlisted in the Regular Army on 8 July 1964 for a period of
3 years. He arrived in Vietnam on 18 December 1965. He served as an armor intelligence specialist assigned to Troop A, 2nd Squadron, 17th Cavalry in Vietnam from 21 December 1965 to 17 November 1966. He was released from active duty on 7 November 1967 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Combat Infantryman Badge
* Purple Heart
4. 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 Troop A, 2nd Squadron, 17th Cavalry was cited for award of the:
* PUC for actions during the period 2-20 June 1966 by Department of the Army General Orders (DAGO) 59, dated 1968
* VUA for actions during the period 17 January 1966 to 25 March 1968 by DAGO 1, dated 1969
* MUC for actions during the period 29 July 1965 to 1 October 1966 by DAGO 1, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO
21, dated 1969
5. Records show he participated in three campaigns during his assignment in Vietnam.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's Vietnam unit was cited for award of the PUC, VUA, MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 should be corrected to show these unit awards.
2. He participated in three campaigns during his assignment in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal. Therefore, his DD Form 214 should be corrected 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 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 adding the PUC, VUA, MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal 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) AR20120009848
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ABCMR Record of Proceedings (cont) AR20120009848
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