IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140009740
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) for the period ending 15 December 1969 to show award of the:
* Silver Star
* Navy Unit Commendation
2. The applicant states:
* he believes his unit, Company C, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division (Airmobile), was awarded the Navy Unit Commendation
* he is an old man and he wants the medals to appear in his obituary
3. The applicant provides a copy of Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 14181, dated 13 November 1969.
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. Having prior honorable enlisted service in the Regular Army, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 16 December 1966 with concurrent order to active duty.
3. He served in Vietnam from 22 October 1967 to on or about 17 May 1968. While in Vietnam, he was assigned to Company C, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division (Airmobile).
4. Item 18 (Record of Assignments) of his DA Form 66 (Officer Qualification Record) shows he was assigned in a patient status as follows:
* 4-16 May 1968 Patient Casualty Company, U.S. Army Vietnam, Tuy Hoa, Vietnam
* 17 May-7 June 1968 Medical Holding Detachment, 106th General Hospital, Yokohama, Japan
* 8 June-5 August 1968 U.S. Army Hospital, Fort Campbell, KY
5. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 14181, dated 13 November 1969, awarded him the Silver Star for gallantry in action in the Republic of Vietnam on 4 May 1968.
6. On 15 December 1969, he was honorably released from active duty. His DD Form 214 for this period shows he was awarded or authorized the:
* Air Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
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 1st Battalion, 5th Cavalry Regiment, was awarded the Navy Unit Commendation for the period 6 through 8 May 1968 and was confirmed by Department of the Army General Orders Number 32, dated 1973.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.
9. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Silver Star; therefore, he is entitled to correction of his DD Form 214 for the period ending 15 December 1969 to show this award.
2. He participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars with his previously-awarded Vietnam Service Medal. Therefore, his DD Form 214 for the period ending 15 December 1969 should be corrected to show these service stars.
3. Although the 1st Battalion, 5th Cavalry Regiment, was awarded the Navy Unit Commendation for the period 6 through 8 May 1968, the applicant was in a patient status assigned to the Patient Casualty Company, U.S. Army Vietnam, during this period. Therefore, he is not entitled to this portion of the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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:
* deleting award of the Vietnam Service Medal from his DD Form 214 for the period ending 15 December 1969
* adding the following awards to his DD Form 214 for the period ending 15 December 1969
* Silver Star
* Vietnam Service Medal with three bronze service stars
2. The Board further determined 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 award of the Navy Unit Commendation.
____________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) AR20140009740
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140009740
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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