IN THE CASE OF:	  

		BOARD DATE:	  21 November 2013

		DOCKET NUMBER:  AR20130006326 


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, correction of his DD Form 214 (Report of Transfer or Discharge) to show all his awards including the Presidential Unit Citation and completion of the Combat Tracker Team Course.

2.  The applicant states he was awarded the Presidential Unit Citation but never received the medal.  He was trained in Jungle Warfare by the British Army in Malaysia. 

3.  The applicant provides a historical extract from an unidentified source about the battle of Dak To, in November 1967 and a Certificate of Training for the Combat Tracker Team Course.

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 was inducted on 1 September 1966, completed training as a light weapons infantryman, and was ordered to Vietnam.

3.  Orders dated 20 June 1967 issued by U.S. Army Vietnam (USARV) Transient Detachment modified the applicant's basic orders, "for dy/w combat tracker team."

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) – service in Vietnam with:

* Security Guard Company, USARV; attached to Headquarters and Headquarters Company (HHC), 2nd Brigade, 4th infantry Division (Re-designated:  Army Combat Tracker Team 4 (Provisional), 4th Infantry Division) - from 21 June 1967 to 8 January 1968
* 50th Infantry Platoon Scout Dog (IPSD), 4th Infantry Division - from 9 January to 7 March 1968
* 64th Infantry Platoon Combat Tracker, 4th Infantry Division - from 8 March to 30 May 1968

	b.  item 38 also shows that, except for one period of “unknown” all of his conduct and efficiency ratings were “excellent” throughout this period of active duty.

5.  4th Infantry Division Special Orders Number 351, dated 17 December 1967, awarded the CIB to several Soldiers in Company B, 1st Battalion, 12th Infantry; Company B, 1st Battalion, 22d Infantry; Headquarters and Headquarters Troop, 1st Cavalry; E Company 1st Battalion , 22d Infantry; and to the applicant and ten other Soldiers in the Combat Tracker Platoon.

6.  The applicant's 2 June 1968 DD Form 214 shows his authorized awards as the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with device (1960)
* CIB 
* one Overseas Service Bar

7.  The applicant submitted in support of his request:

	a.  A historical summary from an unknown source.  It describes combat actions between 3 November and 1 December 1967.  The applicant has highlighted, "4th Infantry Division's" in the passages that read, “…a spoiling attack by the 4th Infantry Division's 3rd Battalion, 12th Infantry…" and "…while other units of the 173d Airborne Brigade, the 4th Infantry Division and the 1st Cavalry Division (Airmobile)…."  He also highlighted, "…Brigades of the 4th Infantry, and 101st Airborne Divisions and the 173rd Airborne Brigade are awarded the Presidential Unit Citation for their actions."

	b.  He also submits a copy of a Certificate of Training for completing the Combat Tracker Course, conducted from 8 to 28 August 1967 at the British Jungle Warfare School, Kuala Lumpur, Malaysia.  The Certificate is signed by Roger L. S____, Major, USARV War Dog Officer.

8.  Department of the Army General Order (DAGO) Number 42 of 1969 originally awarded the Presidential Unit Citation for actions in the battle of Dak To.  The citation mentions, "…elements of the United States 4th Infantry Division…"  However, the list of cited units does not include any such named elements.  DAGO Number 5 of 1979 amended the actual cited units to:

* HHC, 173d Airborne Brigade (Separate)
* 173d Support Battalion
* 73d Engineer Battalion
* 1st Battalion, 503d Infantry
* 2d Battalion, 503d Infantry
* 3d Battalion, 319th Artillery
* 39th Infantry Platoon (Scout Dog)
* 75th Infantry Detachment (Combat Tracker Dog)
* 4th Infantry Detachment (Long Range Reconnaissance Patrol)
* 335th Assault Helicopter Company

9.  Of all the applicant's several units, Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists only the 50th Infantry Platoon.  It shows the 50th Infantry Platoon was authorized the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 8 March 1967 through 28 July 1969 by Department of the Army General Order (DAGO Number 3 of 1970 and the RVN Civil Actions Honor Medal First Class for the period 8 March 67 through 31 October 1969 by DAGO Number 53 of 1970.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 


and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The three campaign periods that correlate to the applicant's tour of duty include: the Vietnam Counteroffensive Phase III – 1 June 1967 - 29 January 1968; Tet Counteroffensive – 30 January - 1 April 1968; and Vietnam Counteroffensive Phase IV – 2 April - 30 June 1968.

12.  Army Regulation 635-5 (Separation Documents) provides the instructions for completing the DD Form 214.  At that time, Item 25 (Education and Training) was to include successfully completed major courses and military sponsored courses at civilian schools and colleges I including the highest level of civilian education attained during this period of active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the Presidential Unit Citation and his completion of the Combat Tracker School be added to his DD Form 214.

2.  The applicant believes that the historical summary he submitted authorized the Presidential Unit Citation to his unit.  However, the DAGOs that authorized the award and modified the cited units fail to substantiate this contention.

3.  However, the applicant earned several other awards that ought to be finalized at this time.  He:

	a.  distinguished himself by his “excellent” conduct and efficiency ratings, offense free record and combat service .  Notwithstanding the absence of a recommendation from his commanding officer, he should be awarded the Army Good Conduct Medal;

	b.  served in Vietnam during three designated campaign periods and is authorized to wear three bronze service stars of the Vietnam Service Medal; and



	c.  served in the 50th Infantry Platoon during a period when it was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class.

4.  The above awards should be added to his DD Form 214.

5.  The applicant's assignment in Vietnam was modified to include duty with the combat tracker team.  The training certificate showing, "Combat Tracker Course, conducted from 8 to 28 August 1967 at the British Jungle Warfare School, Kuala Lumpur, Malaysia" that the applicant submitted with his application was signed by a USARV official.  This is sufficient evidence to add that training to item 25 of his DD Form 215. 

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 

	a.  Awarding him the Army Good Conduct Medal (1st Award) for the period 1 September 1966 through 2 June 1968;

	b.  adding to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* three bronze service stars for wear on the Vietnam Service Medal
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation.

	c.  adding to item 25 of his DD Form 214, "Combat Tracker Course; 8 August to 28 August 1967; British Jungle Warfare School, Kuala Lumpur, Malaysia."

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 showing on his DD Form 214 that he was authorized the Presidential Unit Citation. 




                                                       __________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)                                         AR20130006326



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ABCMR Record of Proceedings (cont)                                         AR20130006326



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