BOARD DATE: 16 July 2015
DOCKET NUMBER: AR20140020488
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 the Presidential Unit Citation (PUC).
2. The applicant states:
* the unit he was assigned to in Vietnam was awarded the PUC during the "9 days of May" battle
* he received the Purple Heart (PH) and his scout dog lost most of his hearing but he remained on station for the entire operation
* he was unaware that the PUC was awarded to the unit until he was recently watching a documentary on television which showed that the unit was awarded the citation
3. He provides:
* General Orders Number 441 for his PH
* A photograph of him and his scout dog
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. On 24 August 1966, the applicant was inducted into the Army of the United States.
3. His DA Form 20 (Enlisted Qualification Record) shows:
a. Item 31 (Foreign Service) - United States Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 13 February 1967 to 7 February 1968.
b. Item 38 (Record of Assignments) he was assigned to Company A, 1st Battalion, 35th Infantry, in the RVN from 20 February 1967 to 10 April 1967. During his tour in the RVN he also served in the:
* 40th Infantry Platoon (Scout Dog) from 11 April 1967 to 14 May 1967
* 50th Infantry Platoon (Scout Dog) from 15 May 1967 to
7 February 1968
c. Item 41 (Awards and Decorations) does not show any unit awards.
4. He submitted General Orders Number 441, dated 18 January 1968, which show he was awarded the PH (1st Oak Leaf Cluster) for wounds received on 20 May 1967 in the RVN while assigned to the 50th Infantry Platoon.
5. On 23 August 1968, he was honorably released from active duty and transferred the U.S. Army Reserve after 2 years of active duty service.
6. His DD Form 214 shows he was awarded the:
* Vietnam Service Medal with three bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* RVN Campaign Medal
* National Defense Service Medal
* Combat Infantryman Badge
* PH with one Oak Leaf Cluster
* Army Good Conduct 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:
a. The 50th Infantry Platoon was cited for:
* PUC for the period 18 May to 26 May 1967 by Department of the Army General Orders (DAGO) Number 69, dated 1969
* RVN Gallantry Cross with Palm Citation for the period of
8 March 1967 to 28 July 1969 by DAGO Number 3, dated 1970
* RVN Civil Actions Honor Medal, First Class (FC) Unit Citation for the period of 8 March 1967 to 31 October 1969 by DAGO Number 53, 1970
b. The 40th Infantry Platoon was cited for the Valorous Unit Award (VUA) during the period 22 April to 20 August 1967, by DAGO Number 43, dated 1972.
c. The 1st Battalion, 35th Infantry was cited for the RVN Gallantry Cross with Palm Citation for the period of January 1966 to 1 August 1967 by DAGO Number 48, dated 1971.
8. Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.
9. Army Regulation 635-5 (Separations Documents), then in effect, stated the DA Form 20 and any other available documents were among those source documents to be used when preparing the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The units he was assigned to during his service in RVN were cited for the PUC, VUA, RVN Gallantry Cross with Palm Unit Citation (2nd Award), and RVN Civil Actions Honor Medal FC Unit Citation for service during his assignment to these units. Therefore, these unit awards should be added to his DD Form 214.
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
amending his DD Form 214 to add the PUC, VUA, RVN Gallantry Cross with Palm Unit Citation (2nd Award), and RVN Civil Actions Honor Medal FC Unit Citation.
_______ _ 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) AR20140006713
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140020488
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