BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140002866 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the Presidential Unit Citation.

2.  The applicant states he was in the Battle of Su?i Tre at Landing Zone Gold in support of Operation Junction City on 21 March 1967.  He was assigned to 2d Platoon, Company C, 2d Battalion, 12th Infantry Regiment, 3d Brigade, 4th Infantry Division.  His brigade was attached to the 25th Infantry Division in Vietnam.

3.  The applicant provides two eyewitness statements from fellow Soldiers at the time in question and their DD Forms 215 (Correction to DD Form 214), and a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 7 March 2008.

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 into the Army of the United States on 17 May 1966.  He served in Vietnam from 25 October 1966 through 25 October 1967.  His record shows he participated in two campaigns during his assignment in Vietnam.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served as a light weapons infantryman assigned to:

* Company C, 2d Battalion, 12th Infantry Regiment, 4th Infantry Division, in Vietnam from 4 November 1966 to 31 July 1967
* Company C, 2d Battalion, 12th Infantry Regiment, 25th Infantry Division, in Vietnam from 1 August 1967 to 25 October 1967

4.  He was honorably released from active duty on 16 May 1968, in the rank of specialist four, after completing 2 years of creditable active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  Department of the Army General Orders (DAGO) Number 59, issued by Headquarters, Department of the Army on 21 October 1968, awarded the 2d Battalion, 12th Infantry Regiment the Presidential Unit Citation for extraordinary heroism on 21 March 1967 in Su?i Tre, Vietnam.

6.  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.

7.  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 2d Battalion, 12th Infantry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period October 1966 to 1 August 1967 by DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 August 1967 to August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971

8.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in two campaigns during his assignment in Vietnam, which authorizes him award of the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show these service stars.

2.  General orders awarded his unit of assignment in Vietnam the Presidential Unit Citation, during the period in which he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation.

3.  General orders awarded his unit of assignment in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, during the period in which he was assigned.  Although he is entitled to wear only one of these unit awards, his DD Form 214 should be corrected to show both unit awards.

4.  General orders awarded his unit of assignment in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, during the period in which he was assigned.  Therefore, his DD Form 214 should be corrected to show this unit award.



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 adding the following awards to his DD Form 214:

* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two bronze service stars with his already-awarded Vietnam Service Medal



      ___________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)                                         AR20140002866



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ABCMR Record of Proceedings (cont)                                         AR20140002866



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