IN THE CASE OF:	  

		BOARD DATE:	    5 February 2013

		DOCKET NUMBER:  AR20120012691 


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, the Presidential Unit Citation (PUC), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a personal award of the Republic of Vietnam Gallantry Cross be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 June 1972.

2.  The applicant states the citations were awarded to the unit and individuals of the 1st Platoon, Company B, 4th Battalion, 503rd Parachute Infantry Regiment of the 173rd Airborne Brigade for the Battle of Dak To during November 1967. 

 3.  The applicant provides:

* DD Forms 214 for the period ending 4 June 1969 and 2 June 1972
* Award certificate for the PUC
* Recommendation for Officer Candidate School
* Personal statement 

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 enlisted in the Regular Army on 28 April 1966 for a period of 
3 years.  He arrived in Vietnam on 28 February 1967.  He served as an infantryman assigned to Company B, 4th Battalion, 503rd Infantry in Vietnam from 2 March 1967 to 19 November 1967 and from 15 December 1967 to 
27 February 1968.  On 4 June 1969, he was honorably discharged for immediate reenlistment.  He reenlisted on 5 June 1969 for a period of 3 years.  On 2 June 1972, he was honorably discharged for expiration term of service.   

3.  His DD Form 214 for the period ending 2 June 1972 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Combat Infantryman Badge
* Good Conduct Medal
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars  

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 the 4th Battalion, 503rd Infantry was cited for award of the: 

* PUC for actions during the period 6-23 November 1967 by Department of the Army General Orders (DAGO) 2, dated 1982
* Meritorious Unit Commendation (MUC) for actions during the period 5 May 1965 to 4 May 1967 by DAGO 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 
      51, dated 1971

5.  There is no evidence of record that shows he received a personal award of the Republic of Vietnam Gallantry Cross.

6.  He provided an award certificate, dated 15 December 1967, which shows the 173rd Airborne Brigade was awarded the PUC.  
7.  Records show he participated in three campaigns during his assignment in Vietnam. 

8.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.     

9.  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, MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  His DD Form 214 for the period ending 2 June 1972 should be corrected to show these unit awards.

2.  There is no evidence of record and he provided no evidence which shows he received a personal award of the Republic of Vietnam Gallantry Cross.  Therefore, there is insufficient evidence on which to base adding this personal decoration to his DD Form 214 for the period ending 2 June 1972. 

3.  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 for the period ending 
2 June 1972 should be corrected to show these service stars.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the PUC, 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.  

2.  The Board further determined that 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 adding a personal award of the Republic of Vietnam Gallantry Cross to his DD Form 214 for the period ending 2 June 1972.
 




      _______ _   __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)                                         AR20120012691





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ABCMR Record of Proceedings (cont)                                         AR20120012691



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