IN THE CASE OF:  	  

		BOARD DATE:  28 April 2015	  

		DOCKET NUMBER:  AR20140014660


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 – 

* award of the Presidential Unit Citation and an “achievement medal” 
* issuance of all of the medals to which he is entitled

2.  The applicant states –

* his unit's award of the Presidential Unit Citation was not completed until after his separation (specifically in 2001)
* he was told he was put in for an achievement medal, but it is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 
* his missions in Vietnam were only recently declassified 

3.  The applicant provides copies of his DD Form 214, a DA Form 137 (Installation Clearance Record), four military pay vouchers, and the back page of Headquarters, 5th Special Forces Group Special Orders Number 26.

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.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

3.  The applicant served on active duty from 21 March 1969 through 10 January 1972.  He served in Vietnam from 13 June 1970 through 4 May 1971.

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

* Company E, 5th Special Forces Group (Airborne), 1st Special Forces during the period 17 June 1970 to 6 February 1971
* Special Operations Augmentation, Command and Control Central, 5th Special Forces Group during the period 7 to 23 February 1971
* U.S. Army Vietnam Training Advisory Group Command and Control Central during the period 24 February to 2 May 1971

5.  The DA Form 137, prepared by the 5th Special Forces Group and provided by the applicant, states "Individual (has) been recommended for service or achievement award."  However records do not contain an official recommendation form or orders for a service or achievement award.  

6.  The applicant's reissued DD Form 214 lists his awards as the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for any awards or decorations pertaining to the applicant.

8.  Headquarters, Department of the Army General Orders (DAGO) Number 25, dated 8 June 2001, cited the Special Operations Augmentation, Command and Control Central, 5th Special Forces Group, Kontum, Republic of Vietnam for award of the Presidential Unit Citation for extraordinary heroism, great combat achievement, and unwavering fidelity during the period 1 January 1969 to 31 December 1971.

9.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal and Army Commendation Medal are awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  
   
DISCUSSION AND CONCLUSIONS:

1.  The DA Form 137 states the applicant was recommended for a "service or achievement award."  It does not identify a specific award or what type of award was recommended.  The applicant has not provided and the record contains no substantiating evidence to support his contention he was recommended for a medal for meritorious achievement or service. 

2.  DAGO Number 25 cited the Special Operations Augmentation, Command and Control Central, 5th Special Forces Group, for award of the Presidential Unit Citation while the applicant was assigned to the unit.  Therefore, he is entitled to have this unit award added to his DD Form 214.

3.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have this unit award added to his DD Form 214.

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 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 adding the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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 awarding an “achievement medal” and adding it to his DD Form 214. 




      ___________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)                                         AR20140014660



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ABCMR Record of Proceedings (cont)                                         AR20140014660



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