IN THE CASE OF:	  

		BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20120021055 


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 the Presidential Unit Citation (PUC)
* issuance of a PUC Certificate
* an updated DA Pamphlet 672-3 (Decorations, Awards, and Honors Unit Citation and Campaign Participation Credit Register)
* the Valorous Unit Award (VUA) approved by the Secretary of the Army in 2001
* a duplicate VUA certificate so additional copies can be made for all the appropriate former Soldiers

2.  The applicant states:

* he was recently informed by the American War Library that his DD Form 214 does not reflect his eligibility for the PUC
* he served with the 173rd Airborne Brigade in Vietnam from 1967 to 1968
* he was initially assigned to B Company, 4th Battalion, 503rd Infantry in June 1967
* he was then assigned to Headquarters and Headquarters Company, 4th Battalion, 503rd Infantry in October 1967
* according to Department of the Army General Order (DAGO) Number 42 he is entitled to the PUC
* 
he received the PUC medal but he has never received the PUC certificate
* the VUA was awarded to all Soldiers assigned to the 4th Battalion, 503rd Infantry during the period 30 January through 31 January 1968

3.  The applicant provides:

* DD Form 214
* DA Form 66 (Officer Qualification Record)
* DA Form 66C (Insert Sheet to DA Form 66)
* DA Form 2-1 (Personnel Qualification Record – Part II)
* self-authored letter, dated 4 January 2013

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.  On 8 June 1966 the applicant executed his oath of office in the Regular Army. On 5 May 1967, he departed the continental United States (CONUS) en route to Vietnam.  He arrived in Vietnam on 6 June 1967 and he was assigned to Company B, 4th Battalion, 503rd Infantry, 173rd Airborne Brigade.

3.  On 29 January 1968, he was reassigned to Headquarters and Headquarters Company, 173rd Airborne Brigade.

4.  On 30 May 1968, the applicant departed Vietnam en route to the United States.  He continued to serve in the United States until he departed en route to Vietnam for his second tour of duty.

5.  On 27 January 1971, he arrived in Vietnam and he was assigned to Headquarters and Headquarters Company, 4th Battalion, 31st Infantry, 23rd Infantry Division.  On 13 January 1972, he departed Vietnam en route to the United States.

6.  He continued to serve until 30 June 1993, at which time he retired for length of service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* Silver Star
* Legion of Merit (2nd Award)
* Bronze Star Medal (4th Award) and with "V" Device
* Purple Heart
* Defense Meritorious Service Medal
* Meritorious Service Medal (4th Award)
* Air Medal
* Army Commendation Medal
* National Defense Service Medal (2nd Award)
* Vietnam Service Medal - 5 (five bronze service stars)
* Army Service Ribbon
* Overseas Service Ribbon
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Infantryman Badge
* Master Parachutist Badge
* Ranger Tab

7.  Department of the Army General Orders (DAGO) Number 25, dated 8 June 2001, shows the 4th Battalion, 503rd Infantry was cited for award of the VUA for extraordinary heroism during the period 30 January to 31 January 1968.

8.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.

	a.  This pamphlet shows the units to which the applicant was assigned were cited for award of the:

* Presidential Unit Citation for the period 6 November through 23 November 1967 by DAGO Number 42, dated 1969 (4th Battalion, 503d Infantry)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by DAGO Number 51, dated 1971 (4th Battalion, 503d Infantry)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April through 30 June 1971 by DAGO Number 6, dated 1974 (Headquarters and Headquarters Company, 31st Infantry)

	b.  Paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The VUA is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the PUC. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be work in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  General orders cited one of his units in Vietnam for the PUC during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  Two of his units were also cited for one award each of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Although only one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual, official military personnel and historical records will indicate all awards received.  Therefore, his DD Form 214 should be corrected to show two awards of this unit award.

4.  The applicant participation in six campaigns during his two tours of duty in Vietnam that entitles him to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his
DD Form 214 should be corrected to show these service stars.

5.  General orders show the unit he was previously assigned to in Vietnam was cited for award of the VUA.  However, records show he was reassigned and departed his unit prior to the cited period for the award.  Therefore, there is no basis for adding the VUA to his DD Form 214.

6.  Unlike individual personal awards, the PUC and VUA are unit awards.  As such, there are no certificates or citations presented to individual unit members.  Therefore, there is no basis for granting this portion of the applicant's request.

7.  Regarding update of DA Pamphlet 672-3, the last edition of this publication is dated 29 January 1988 and covers the period January 1960 to September 1987. However, the applicant should refer to the U.S. Army Human Resources Command (HRC) website at http://www.hrc.army.mil/ for questions regarding previously/recently approved unit awards.

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:

	a.  deleting from his DD Form 214 the:

* Vietnam Service Medal with 5 bronze service stars
* Republic of Viet Gallantry Cross with Palm Unit Citation

	b.  adding to his DD Form 214 the:

* Vietnam Service Medal with one silver service star and one bronze service star
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)

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 the Valorous Unit Award to his DD Form 214, issuing the applicant a certificate and/or citation for the Presidential Unit Citation and the Valorous Unit Award, or updating DA Pamphlet 672-3.



      ___________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)                                         AR20120021055



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ABCMR Record of Proceedings (cont)                                         AR20120021055



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