IN THE CASE OF:
BOARD DATE: 7 February 2013
DOCKET NUMBER: AR20120013062
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 that his record be corrected to show award of the Presidential Unit Citation (PUC).
2. The applicant states while he was assigned to Company C, 327th Infantry Regiment, 101st Airborne Division, Department of the Army General Order (DAGO) Number 73, dated 1968, awarded his unit the PUC for the period 19 through 12 June 1966.
3. The applicant provides an email.
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 11 August 1965.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) he arrived in Vietnam on 10 April 1966;
b. item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 327th Infantry Regiment, from 25 April 1966 to 10 May 1967;
c. item 38 he received all "excellent" ratings for conduct and efficiency.
4. On 13 May 1967, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).
5. He had completed 1 year, 7 months, and 17 days of active service. His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Parachutist Badge, Army Commendation Medal, and Medical Badge.
6. On 14 February 2012, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show his DD Form 214 was corrected to add the Army Good Conduct Medal, Combat Medical Badge, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
7. He submitted an email which stated that DAGO Number 73, dated 1968, awarded the unit he was assigned to the PUC.
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 that at the time of the applicant's assignment to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 327th Infantry Regiment, it was cited for award of the PUC during the period 19 to 22 June 1966 based on DAGO 73, dated 1968.
9. Army Regulation 600-8-22 (Military Awards) paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam
campaign a member is credited with participating in. During his service in Vietnam the applicant participated in the following two campaigns:
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
DISCUSSION AND CONCLUSIONS:
1. DAGOs show the unit to which the applicant was assigned was awarded the PUC. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
2. Records show the applicant participated in two campaigns during his service in the Republic of Vietnam. Therefore, he is eligible for award of two bronze service stars to be worn on his already-awarded Vietnam Service Medal.
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:
a. deleting the Vietnam Service Medal from his DD Form 214; and
b. adding the Presidential Unit Citation and Vietnam Service Medal with two bronze service stars 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) AR20120013062
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ABCMR Record of Proceedings (cont) AR20120013062
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