BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160001288 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160001288 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 amending his DD Form 214 by adding the Republic of Vietnam Gallantry Cross with Silver Star. 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 any relief in excess of that described above. _____________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. BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160001288 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards he is entitled to include the: * Meritorious Unit Commendation * Presidential Unit Citation * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The applicant states, in effect, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 is incomplete. 3. The applicant provides: * 3-page extract from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) * General Orders Number 3, dated 20 February 1970 * a newspaper clipping * DD Form 214 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 applicant was inducted into the Army of the United States on 26 March 1969. Evidence shows he served in the Republic of Vietnam for the period 21 September 1969 through 20 September 1970, with Troop C, 2nd Squadron, 1st Cavalry. 3. On 25 March 1971, he was honorably released from active duty at the expiration of his term of service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Expert (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-60) * 2 Overseas Service Bars 4. His record contains DD Form 215 (Correction to DD Form 214), dated 1 March 2012, which deletes the Vietnam Service Medal and the Expert (M-14). The form further shows he was awarded or authorized the: * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Grenade Bar * Vietnam Service Medal with 4 bronze service stars 5. The applicant provides a 3-page extract of Department of the Army Pamphlet 672-3 in which he highlights awards issued to members of Headquarters and Headquarters Company, 1st Cavalry Division; 1st Squadron, 1st Cavalry; and Troop C, 2nd Squadron, 1st Cavalry. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. b. The Presidential Unit Citation (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. c. The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual. 2. Department of the Army Pamphlet 672-3 lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to Troop C, 2nd Squadron, 1st Cavalry, (21 September 1969 through 20 September 1970), his unit was cited for award of the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 17 November 1970 by Department of the Army General Order (DAGO) Number 52, dated 1971; and the b. Republic of Vietnam Gallantry Cross with Silver Star, for the period 1 June 1969 through 30 August 1970 by DAGO Number 24, dated 1972. c. This pamphlet shows the unit to which the applicant was assigned was not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period he was assigned to Troop C, 2nd Squadron, 1st Cavalry, (21 September 1969 through 20 September 1970). DISCUSSION: 1. The applicant's request to correct his DD Form 214 to show all awards he is entitled to include the Meritorious Unit Commendation, Presidential Unit Citation, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation has been carefully examined. 2. Evidence shows his DD Form 215, dated 1 March 2012, added the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214. 3. During his service in Vietnam, general orders awarded his unit the Republic of Vietnam Gallantry Cross with Silver Star, for the period 1 June 1969 through 30 August 1970. His DD Forms 214 and 215 do not reflect this foreign unit award. 4. Evidence shows he served with Troop C, 2nd Squadron, 1st Cavalry throughout his service in Vietnam. This period is annotated as 21 September 1969 through 20 September 1970 on his DD Form 214. The evidence does not indicate that he served with any other unit while stationed in the Republic of Vietnam. 5. There is no evidence which shows his unit was cited for award of the Meritorious Unit Commendation, Presidential Unit Citation, Valorous Unit Award and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant was assigned. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001288 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001288 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2