IN THE CASE OF:  

		BOARD DATE:  22 JANUARY 2015

		DOCKET NUMBER:  AR20140010705 


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 reconsideration of his earlier requests for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Presidential Unit Citation (PUC), Valorous Unit Award (VUA), and the Combat Infantryman Badge (CIB).

2.  The applicant states he served in two military occupational specialties (MOS) during his Vietnam tour.  His MOS was 55B2O (Ammunition Storage Specialist), but he also served in an infantry unit; Company C, 1st Battalion, 12th Cavalry from September 1966 to July 1967.  At that time, he was performing duty in MOS 11C (Indirect Fire Infantryman).  He attended a reunion with fellow veterans and his fellow veterans in his unit were wearing these awards on their uniform.

3.  The applicant provides copies of –

* his DD Form 214
* his affidavit, dated 6 May 2014
* extract of Headquarters, Department of the Army General Orders (DAGO) Number 7, dated 23 April 1970
* extract of DAGO Number 47, dated 12 September 1968
* extract of DAGO Number 42, dated 16 June 1969
* affidavit of support from Mr Spencer J. M-------, dated 26 March 2014
* affidavit of support from Mr Thomas L. C-------, dated 1 April 2014
* two-page article concerning unit operations of the 1st Battalion, 12th Cavalry between 21 May and 26 December 1966


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130005692 on 31 October 2013.

2.  The applicant provides unit award orders and affidavits of support which were not previously considered.  Therefore, this is new evidence and as such warrants consideration by the Board.

3.  The previous Record of Proceedings noted the applicant was inducted on 
3 February 1966 and he was awarded MOS 55B. 

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

	a.  Item 31 (Foreign Service), he served in Vietnam from 3 August 1966 to 
2 August 1967.

	b.  Item 38 (Record of Assignments), he was assigned to the following units while in Vietnam:

* 629th Quartermaster
* 820th Ordnance Company 
* 205th Ordnance Platoon
* 630th Ordnance Company 

	c.  Item 41 (Awards and Decorations), does not include the CIB or the PUC.

5.  He provided an excerpt of the 1st Cavalry Division in Vietnam [The Book] which provides information on missions/operations the 1st Cavalry Division participated in while in Vietnam and a 1st Battalion, 12th Cavalry unofficial unit personnel roster which includes his name and the following comment as a footnote:  "J.A. [the applicant] was left off the roster written by Charlie Company after Bird for some unknown reason.  It could have been that he had just recently joined Charlie Company and his MOS was not infantry.  Charles C. vouches that he did indeed push J.A. out the way of a charging NVA when the fight started."

6.  There was no evidence in the applicant's available records that show he was awarded an infantry MOS or that he was assigned or attached to Company C, 1st Battalion, 12th Cavalry Regiment during his service in Vietnam.  


7.  He was honorably released from active duty on 2 February 1968.  His 
DD Form 214 does not include the CIB or the PUC as authorized awards.  

8.  In support of this request the applicant now provides copies of: 

	a.  DAGO Number 7, dated 23 April 1970, showing the PUC (Army) was awarded to Battery B, 2d Battalion, 19th Artillery, 1st Cavalry Division (Airmobile) and several attached units for extraordinary heroism in Vietnam on 27 December 1966.

	b.  DAGO Number 47, dated 12 September 1968, showing the PUC (Army) (First Oak Leaf Cluster), was awarded to the 1st Battalion (Airborne), 12th Cavalry, 1st Cavalry Division (Airmobile) and attached units for extraordinary heroism in Vietnam on 2-3 October 1966.

	c.  DAGO Number 42, dated 16 June 1969, showing the VUA was awarded to Company C, 1st Battalion (Airborne), 12th Cavalry, 1st Cavalry Division (Airmobile)  for extraordinary heroism in Vietnam during the period 31 May to 
1 June 1967.

	d.  Affidavit of support from Mr Spencer J. M-------, who states he served in Company C, 1st Battalion (Airborne), 12th Cavalry from May 1966 to May 1967.  During a break while on patrol the applicant was recruited (in September 1966) to join Company C as an infantryman in MOS 11C.  The applicant remained with Company C until the end of his tour (August 1967).  Mr M------- personally observed the applicant was with the unit during the periods the units was awarded the PUC, PUC (First Oak Leaf Cluster), and the VUA.

	e.  An identical affidavit of support from Mr Thomas L. C-------, who restates the statement of Mr Spencer J. M-------.

	f.  A two-page article concerning unit operations of the 1st Battalion, 12th Cavalry between 21 May and 26 December 1966.  Several Soldiers are named in the article, but the applicant's name is not listed.

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
	b.  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.  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 does not show his units of assignment while in Vietnam were awarded the PUC.  The PUC was awarded to 1st Battalion, 12th Cavalry on DAGO 47, dated 1968, for the period 2-3 October 1966.  It was also awarded for the period 27 December 1966 on DAGO 7, dated 23 April 1970.

11.  Department of the Army Pamphlet 672-3 also shows Company C, 1st Battalion, 12 Cavalry was awarded the VUA for the period 31 May to 1 June 1967 on DAGO Number 42, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's new evidence has been reviewed; however, it is insufficient to establish that the applicant is eligible for the PUC, PUC (First Oak Leaf Cluster), or VUA.  There is no evidence of record (i.e., morning reports) to show he was assigned to the 1st Battalion, 12th Cavalry.

2.  There is no evidence he was qualified for or awarded the CIB or that he held an infantryman MOS.

3.  In view of the above his request should be denied.

BOARD VOTE:

________  ________  ______ _  GRANT FULL RELIEF

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, two Board members determined that partial relief should be granted.

2.  The majority of the Board members believed the preponderance of the evidence provided by the applicant, including the two sworn affidavits and the book, indicated the applicant was assigned or attached to C Company, 1st Battalion, 12th Cavalry during the period from September 1966 to August 1968, notwithstanding the fact his records do not show this. 

3.  Therefore, the majority of the Board determined the evidence presented is sufficient to warrant a recommend for partial relief to amend the decision of the ABCMR set forth in Docket Number AR20130005692, dated 31 October 2013,
by adding the PUC (2d Award) and the VUA to his DD Form 214.

4.  The Board also believed, however, that the applicant did not meet the criteria for award of the CIB.



      __________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)                                         AR20120008340



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ABCMR Record of Proceedings (cont)                                         AR20140010705



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