IN THE CASE OF:	  

		BOARD DATE:	 3 September 2013 

		DOCKET NUMBER:  AR20120020320 


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 (Certificate of Release or Discharge from Active Duty) to show award of the:

* Presidential Unit Citation (PUC)
* Meritorious Unit Commendation (MUC)
* Korea Defense Service Medal (KDSM) 
* Legion of Merit (LOM) with one bronze oak leaf cluster (2nd Award)
* Vietnam Service Medal (VSM) with three bronze service stars
* Bronze Star Medal (BSM) (3rd Oak Leaf Cluster) (4th Award) with "V" Device 
* Special Forces (SF) Tab

2.  He states:  

	a.  his DD Form 214 does not include all the awards to which he is entitled.  He received a letter from the Awards and Decorations Branch certifying his entitlement to award of the MUC, KDSM, LOM (2nd Award), and VSM with three bronze service stars.  

	b.  his DD Form 214 also incorrectly shows the BSM (4th Award) even though he received the BSM for valor on three separate occasions by general orders published by Headquarters, 1st Infantry Division (i.e., General Orders Number 1500 dated 1966, General Orders Number 1498 dated 1966, and General Orders Number 1431).

	c.  his DD Form 214 doesn't credit him with SF Qualification demarcated by award of the SF Tab.  His assignment and service in Vietnam resulted in the first award of the BSM for the period April to July 1964 by General Orders Number 729, dated 28 December 1964.  This period of service and assignment qualifies him for award of the PUC under General Orders Number 25.

3.  He provides:

* DD Form 214
* Letter from the Awards and Decorations Branch, dated 8 March 2012
* DA Form 66 (Officer Qualification Record)
* General Orders Number 25, dated 8 June 2001
* Military Assistance Command, Vietnam (MACV)-Studies and Observations Group (SOG) internet information
* General Orders Number 729, dated 28 December 1964

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 request for correction of his DD Form 214 to show award of the LOM (2nd Award), VSM with three bronze service stars, KDSM, and MUC are acknowledged.  However, a DD Form 215 (Correction to DD Form 214) was issued on 8 March 2012 that corrected his DD Form 214 to show these awards.  Therefore, these awards will not be further discussed in this Record of Proceedings.  A copy of this DD Form 215 will be provided to him.  

3.  After having prior enlisted service, the applicant was appointed as a commissioned officer and entered active duty on 24 June 1959.  



4.  His DA Forms 67-5 (U.S. Army Officer Efficiency Report) for the periods ending 20 April 1963, 10 June 1964, and 13 August 1964 indicate he was on extended temporary duty (TDY) in Vietnam during the periods covered by the reports and was assigned to Detachment A, 1st Special Forces Group (Airborne).  

5.  His DA Form 66 shows in:

	a.  Block 16 (Civilian Education and Military Schooling) he completed 6 weeks of training in the SF Officer Course in 1962.

   b.  Block 17 (Foreign Service) he served in USARPAC [U.S. Army Pacific]-Vietnam from 14 October 1965 to 17 December 1966.
   
	c.  Block 18 (Record of Assignments) he was assigned to the following units in USARPAC-Vietnam:

   (1)  Headquarters and Headquarters Company (HHC), 2nd Brigade, 
1st Infantry Division from 15 to 27 October 1965.
   
   (2)  Company A, 2nd Battalion, 16th Infantry Regiment from 28 October 
1965 to 16 December 1966.

	d.  Block 21 (Awards and Decorations) no entries for award of the PUC or SF Tab and one entry for award of the BSM (4th Award) with "V" Device based on Headquarters, 1st Infantry Division, General Orders Number 1431, dated July 1966.

6.  He was retired from active duty on 30 November 1984 and placed on the retired list on the date following.  His DD Form 214 shows award of the:

* Purple Heart (2nd Award)
* Air Medal with Numeral "15"
* National Defense Service Medal
* Army Good Conduct Medal
* BSM (3rd Oak Leaf Cluster)
* Silver Star
* Distinguished Flying Cross (2nd Award)
* LOM
* Combat Infantryman Badge
* Meritorious Service Medal (4th Award)
* Army Commendation Medal (2nd Award)
* Armed Forces Reserve Medal
* Master Parachutist Badge
* Vietnam Parachutist Badge
* Vietnam Ranger Tab
* Republic of Vietnam Campaign Medal with Device (1960)
* VSM
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Overseas Service Bars (4)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Army Service Ribbon
* Overseas Service Ribbon (2)
* Thailand Master Parachutist Badge with Fourragere
* Thailand Master Parachutist Badge
* Republic of Vietnam Civil Actions Unit Citation
* Noncommissioned Officer Professional Development Ribbon (1)

7.  He provided General Orders Number 25, dated 8 June 2001 published by Headquarters, Department of the Army which awarded the PUC to the MACV-SOG and attached units during the period 24 January 1964 to 30 April 1972.  His service record is void of evidence which indicates he was assigned to 
MACV-SOG or any of the other units listed while he was serving in Vietnam.  

8.  In an 8 March 2012 letter, the Assistant Chief, Awards and Decorations Branch, U.S. Human Resources Command, Fort Knox, KY, informed him that their office was unable to verify the applicant's entitlement to the PUC and was unable to locate any documentation placing him with the MACV-SOG during the period of eligibility for the PUC.  

9.  Army Regulation 600-8-22 (Military Awards) states the PUC (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

10.  Army Regulation 600-8-22 states that, for active component institutional training, the SF Tab may be awarded to all personnel who:  

	a.  successfully complete the SF Qualification Course or SF Detachment Officer Qualification Course (previously known as the SF Officer Course).  These courses are/were conducted by the U.S. Army John F. Kennedy Special Warfare Center (USAJFKSWC) (previously known as the U.S. Army Institute for Military Assistance); or

	b.  prior to 1 January 1988, have successfully completed the then-approved program of instruction for SF qualification in an SF Group, who were subsequently awarded, by competent authority, skill qualification identifier (SQI) "S" in Career Management Field 18 (enlisted) or SQI "3" in Functional Area 18 (officer).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was assigned to HHC, 2nd Brigade, 1st Infantry Division and Company A, 2nd Battalion, 16th Infantry Regiment during his tour in Vietnam.  

2.  General Orders Number 25, dated 8 June 2001, awarded the PUC to the MACV-SOG and other units.  However, the applicant's service record is void of evidence which indicates he was assigned to the MACV-SOG or any of the units listed on these orders while he was serving in Vietnam.  Neither do the Officer Efficiency Reports that show he was on extended TDY in Vietnam in 1963/1964 show he was TDY with MACV-SOG.  Therefore, there is insufficient evidence to add the PUC to his DD Form 214.  

3.  His DA Form 66 shows he was awarded the BSM (4th Award) with "V" Device based on Headquarters, 1st Infantry Division, General Orders Number 1431, dated July 1966.  This document is accepted as sufficient evidence as a basis to correct his DD Form 214 to reflect this award.  

4.  The evidence of record shows he completed the SF Officer Course in 1962.  Therefore, he completed the required training for award of the SF Tab and correction of his DD Form 214 to show this award.

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 award of the BSM (4th Award) with "V" Device and SF Tab to his 
DD Form 214.

2.  The Board 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 amending his DD Form 214 to show award of the PUC.  



      _______ _   _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)                                         AR20120020320





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ABCMR Record of Proceedings (cont)                                         AR20120020320



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