IN THE CASE OF:  

		BOARD DATE:  1 October 2015	  

		DOCKET NUMBER:  AR20140019400 


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, the widow of a deceased former service member (FSM), requests the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be reissued to show the following awards:

* Presidential Unit Citation (awarded by the U.S. Navy)
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars for wear on the Vietnam Service Medal
* Army Good Conduct Medal

2.  The applicant states:

	a.  After the death of the FSM, she discovered there were errors/omissions on his DD Form 214.

	b.  Official military records show that members of the U.S. Army Special Forces (SF), Military Assistance Command, Vietnam-Studies and Observation Group (MACV-SOG) were awarded the Presidential Unit Citation by the U.S. Navy for assignment at Forward Operations Base (FOB) Number 3, Khe Sanh, Vietnam, from 20 January to 1 April 1968.

	c.  The FSM was present with MACV-SOG on Reconnaissance (Recon) Team Krait from December 1967 through 18 February 1968 at Khe Sanh.  He was critically wounded on 18 February 1968, while running a recon mission at Khe Sanh under military command and control that was later cited for the Presidential Unit Citation (Navy).  He was medically evacuated to Da Nang and finally to Walter Reed Army Medical Center, Washington, DC.  

	d.  It is documented in the SF community that the FSM was a recon radioman with Command and Control North, Recon Team Krait, that he was a life member of both the SF Association and the SF Special Operations Association, and that he fought with them in-country and in cross-borders actions from November 1967 through February 1968.  

	e.  The FSM's order for the Purple Heart shows he was assigned to Headquarters and Headquarters Company (HHC) (Command and Control [North]) SF Group (SFG) (Airborne).  "Command and Control" only refers to MACV-SOG Command and Control (South, Central, and North).  Based on these facts, the FSM is entitled to award of the Presidential Unit Citation (awarded by the Navy) with correction to his DD Form 214.

	f.  This issue also lies at the crux of the accuracy of the FSM's military records.  It is obvious from reviewing the surviving records that they were reconstructed after 18 February 1968, not only because he was severely wounded and medically transferred several times, but also because of the top secret nature of his unit's actions in combat in Vietnam.  The exact nature of MACV-SOG operations were not declassified until 30 years after the war ended.  Therefore, nowhere in reconstructed military personnel records does it shows the FSM with MACV-SOG, Command and Control North, 5th SFG.  There are no original personnel records before 18 February 1968 in his reconstructed file.  The omission of the FSM's assignment to MACV-SOG is an error in documentation and needs to be corrected with addition to his DD Form 214.

	g.  The FSM's military records show he served in Vietnam with HHC, 5th SFG, 1st SF (Airborne) from 17 November 1967 to 8 April 1968.  Therefore, he is authorized the Vietnam Service Medal with three bronze service stars.

4.  The applicant provides:

* marriage and death certificates
* DD Form 214
* U.S. Army Special Forces Honors
* Special Operations Association Directory
* 3-page document, titled "MACV-SOG Team History of a Clandestine Army"
* orders for the Purple Heart, dated 1 March 1968
* copy of a Presidential Unit Citation Certificate 
* Department of the Army General Orders (DAGO) Number 25, dated 8 June 2001
* page 12 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Register)
* an extract of the applicant's DA Form 20 (Enlisted Qualification Record)
* U.S. Army Reserve Personnel Center, St. Louis, MO, official statement pertaining to the FSM's service in Vietnam 
* page 3 of Department of the Army Pamphlet 672-3
* an excerpt of Army Regulation 672-5-1 (Awards), dated 18 May 1961

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 FSM's DD Form 214 shows he enlisted in the Regular Army and entered active duty on 12 January 1966.

3.  The FSM's military personnel records for the period 12 January 1966 through 29 February 1968 are not available.

4.  His DA Form 20, audited on 29 November 1968, shows in:

	a.  item 31 (Foreign Service), he arrived in Vietnam on 17 November 1967;

	b.  item 38 (Record of Assignments), he was assigned to HHC, 5th SFG, 1st SF from 21 November 1967 to 25 February 1968;

	c.  item 38, he was transferred in a patient status to the U.S. Army Hospital, Camp Zama, Japan, on 26 February 1968 and to Walter Reed Army Medical Center, Washington, DC, on 8 April 1968;

	d.  item 38, he received all "excellent" conduct and efficiency ratings from 21 November 1967 through the end of his of active service; and

	e.  item 38, his conduct and efficiency ratings prior to 21 November 1967 are unknown.  

5.  Orders dated 1 March 1968, awarded him the Purple Heart for wounds sustained on 19 February 1968.  These orders show he was assigned to HHC (Command and Control), 5th SFG (Airborne), 1st SF.

6.  His military record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

7.  The FSM was honorably released from active duty on 19 December 1968 in the rank/grade of sergeant (SGT)/E-5, after completing 2 years, 11 months, and 8 days of active service with no time lost.  His DD Form 214 shows he was awarded or authorized the:

* Purple Heart
* National Defense Service Meal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal orders for the Army Good Conduct Medal pertaining to the FSM.

9.  The applicant provided:

	a.  U.S. Army Special Forces Honors, obtained from the U.S. Army Center for Military History website, which show the Presidential Unit Citation (Navy) was awarded to the 5th SFG (Airborne), 1st SF, Detachment A-101 (Lang Vei), and to FOB Number 3 (Khe Sanh), and Command and Control Center (Da Nang), for the period 20 January-1 April 1968.  This document does not include the DAGO award authority.

	b.  Special Operations Association Directory that includes the FSM's name.

	c.  A 3-page document, titled "MACV-SOG Team History of a Clandestine Army," which states the FSM joined Recon Team Krait in November 1967 and remained on the team until 19 February 1968, when he was wounded in action and medically evacuated from Vietnam.

	d.  Copy of a Presidential Unit Citation Certificate, signed on 22 August 2000, awarded to the Studies and Observation Group, U.S. MACV, for service during the period 24 January 1964 to 30 April 1972.  

	e.  DAGO Number 25, dated 8 June 2001, which awarded the Presidential Unit Citation to MACV, Studies and Observation Group, for service during the period 24 January 1964 to 30 April 1972 and to several assigned or attached units, including the U.S. Command and Control Detachment, 5th SFG, for the specified dates of service.

	f.  U.S. Army Reserve Personnel Center, St. Louis, MO, official statement indicating the FSM served in Vietnam from 17 November 1967 to 8 April 1968, and that he was assigned during this period to HHC, 5th SFG, 1st SF, and to the U.S. Army Hospital, Camp Zama, Japan.

10.  Army Regulation 672-5-1, 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  It further states the bronze service star is authorized if the member was assigned or attached to and present for duty with a unit during the period in which it participated in combat.  Appendix B of this regulation shows that during his service in Vietnam, participation credit was awarded for two campaigns.   

* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

12.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows that during his assignment to the 5th SFG, 1st SF, this unit was cited for the following unit awards:

* Presidential Unit Citation, for the period 1 November 1966 to 31 January 1968, by DAGO Number 45, dated 1969, which superseded DAGO Number 48, dated 1968
* Meritorious Unit Commendation, for the period 31 January to 31 December 1968, by DAGO Number 70, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 October 1964 to 17 May 1969, by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period January 1968 to 24 September 1970, by DAGO Number 48, dated 1971

13.  Department of the Army Pamphlet 672-3 does not show the 5th SFG, 1st SF or the FOB Number 3 (Khe Sahn) Command and Control Detachment (Da Nang) were awarded the (Navy) Presidential Unit Citation.  Additionally, DAGOs awarding the (Navy) Presidential Unit Citation to these units could not be located.

14.  Army Regulation 635-8 (Separation Processing and Documents) provides guidance and instructions on the preparation of separation documents.  In pertinent part it states that a DD Form 214 will be administratively reissued only when the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214).  A DD Form 215 can be issued upon the final decision of the ABCMR.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM received all "excellent" conduct and efficiency ratings from 21 November 1967 through the end of his period of active service and his record is void of any derogatory information or a commander's disqualification statement that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  

2.  Although his conduct and efficiency ratings prior to 21 November 1967 are unknown, the governing Army regulation provides that "unknown" ratings for portions of the period under consideration were not disqualifying.  It appears he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 12 January 1966 to 19 December 1968.

3.  Department of the Army Pamphlet 672-3 shows his unit of assignment during his service in Vietnam was cited in general orders for the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

4.  Department of the Army Pamphlet 672-3 does not show the 5th SFG, 1st SF or the FOB Number 3 (Khe Sahn) Command and Control Detachment (Da Nang) were awarded the (Navy) Presidential Unit Citation.  Although the document obtained from the U.S. Center for Military History shows that FOB Number 3 (Khe Sanh), and Command and Control Center (Da Nang), were awarded the (Navy) Presidential Unit Citation for the period 20 January-1 April 1968, it appears this entry was made in error.  

5.  The applicant contends the FSM is authorized correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars; however, the evidence shows he participated in only two campaigns during his service in Vietnam: the Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968) and the Tet Counteroffensive (30 January - 1 April 1968).  It appears the applicant is contending the FSM also participated in the Vietnamese Counteroffensive Phase IV campaign (2 April - 30 June 1968); however, the evidence of record show the FSM was medically evacuated to the U.S. Army Hospital, Camp Zama, Japan, on or around 26 February 1968.  As a result, he was not present for duty with his unit during the period in which the unit participated in the Counteroffensive Phase IV campaign.

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 by:

	a.  awarding the FSM the Army Good Conduct Medal (1st Award) for the period 12 January 1966 to 19 December 1968;

	b.  deleting from the FSM's DD Form 214 the Vietnam Service Medal; and

	c.  adding to the FSM's DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars 
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined that the evidence presented was 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 reissuing a DD Form 214 and correcting the FSM's DD Form 214 to show three bronze service stars on the Vietnam Service or to show the Presidential Unit Citation (Navy).



      ___________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)                                         AR20140019400





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ABCMR Record of Proceedings (cont)                                         AR20140019400



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