IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160010688 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 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 15 November 1966 by adding: * Silver Star * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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. IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160010688 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :ME :BBW :GLK GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160010688 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 the Silver Star and the Presidential Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 15 November 1966. 2. The applicant states his Silver Star is missing from his DD Form 214. He also wants the Presidential Unit Citation awarded to the 1st Cavalry Division (Airmobile) for the Ia Drang Valley campaign in November 1965 added to his DD Form 214. When he requested these awards be added, he was only issued a correction adding bronze service stars to his Vietnam Service Medal. 3. The applicant provides: * DD Form 214 * U.S. Total Army Personnel Command Permanent Orders 151-21, dated 30 May 1996 * DD Form 215 (Correction to DD Form 214), dated 10 May 2016 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. In the processing of this case the ABCMR was unable to obtain the applicant's military personnel service records from the National Personnel Records Center in St. Louis, MO. The only records available to the ABCMR were records concerning his physical evaluation boards (PEB) and documents provided by the applicant. 3. On 9 March 1964 the applicant entered active duty in the grade of second lieutenant (2LT). 4. U.S. Naval Hospital Report of Periodic Physical Examination, dated 15 December 1967 provided the following information: a. The applicant was injured on 17 September 1965 while engaged in enemy action in Vietnam. He was struck by hostile fire in the right knee, right leg, and buttock sustaining comminuted fracture of the right tibia. b. The applicant subsequently developed malaria due to plasmodium falciparum (an unicellular protozoan parasite of humans, and the deadliest species of plasmodium that causes malaria in humans). He was hospitalized from November 1965 until 20 August 1966 and appeared before a PEB. 5. A PEB convened on 20 September 1966, finding the applicant unfit for duty and recommending he be placed on the Temporary Disability Retired List (TDRL) with a combined disability rating of 50 percent (%). The DA Form 199 (PEB Proceedings) shows the applicant’s date of injury as 17 November 1965 resulting from injuries directly resulting from armed conflict in Vietnam. 6. On 15 November 1966, the applicant was retired and placed on the TDRL effective 16 November 1966. His DD Form 214 shows his last duty assignment and major command as Company C, 2nd Battalion, 7th Cavalry, 1st Cavalry (Airmobile) Division. His DD Form 214 shows he was awarded or is authorized the: * Parachutist Badge * Purple Heart * Combat Infantryman Badge * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal with "V" Device 7. Department of the Army Special Orders Number 227, dated 23 November 1970, removed the applicant from the TDRL on 30 November 1970 and placed him on the Army of the United States Retired List with a physical disability rating of 50%. 8. The applicant provided U.S. Total Army Personnel Command Permanent Orders 151-21, dated 30 May 1996, announcing the award of the Silver Star to him for gallantry in action on 17 and 18 November 1965. His unit is shown as Company C, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile) in Vietnam. 9. On 10 May 2016, a DD Form 215 was issued by the National Archives and Records Administration amending his DD Form 214 to show he is authorized the Vietnam Service Medal with 2 bronze service stars. REFERENCES: Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. a. This pamphlet shows the 2nd Battalion, 7th Cavalry was awarded the Presidential Unit Citation for the period 23 October 1965 – 26 November 1965, based on Department of the Army General Order (DAGO) Number 40, dated 1967. b. All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on DAGO Number 8, dated 1974. DISCUSSION: 1. The applicant provided permanent orders awarding him the Silver Star for gallantry in action on 17 and 18 November 1965 while assigned to Company C, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile). This award should be added to his DD Form 214. (This period coincides with his date of injury as recorded on his PEB.) 2. The applicant's DD Form 214 shows his last duty assignment and major command as Company C, 2nd Battalion, 7th Cavalry. He was cited for gallantry in action on 17 and 18 November 1965 while assigned to that unit. DA PAM 672-3 shows the 2nd Battalion, 7th Calvary was awarded the Presidential Unit Citation for the period 23 October 1965 - 26 November 1965. The evidence shows the applicant was assigned to the unit during the period of the Presidential Unit Citation. This unit award has not been added to his DD Form 214. 3. All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award has not been added to his DD Form 214. /NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160010688 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010688 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2