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ARMY | BCMR | CY2001 | 2001065931C070421
Original file (2001065931C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 9 July 2002
         DOCKET NUMBER: AR2001065931

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. W. E. Schnupp Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. Thomas B. Redfern Member
Mr. Roger W. Able Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That he be awarded the Presidential Unit Citation (PUC).

APPLICANT STATES: That the PUC was awarded to the Studies and Observations Group (SOG) for heroism in Vietnam. He contends that he was a member of a unit operating under the auspices of the SOG, performing classified missions; therefore, he is entitled to the PUC.

In support of his request, he submits a copy of His DD Form 214, Report of Transfer or Discharge; a US Total Army Personnel Command Memorandum indicating that the PUC had been approved for the SOG; a 52nd Combat Aviation Battalion, Operational Report, showing that his unit, the 189th Aviation Company, performed clandestine operations support from 1 February to 6 March 1969; a listing of US Helicopter Units that flew for SOG, which includes his unit; and an extract of his DA Form 20, Enlisted Qualification Record, showing that he served as a door gunner with a helicopter unit under the SOG.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted in the Regular Army for 3 years on 23 September 1966, and served in Vietnam as a supply clerk with the 188th Ordnance Company from 1 December 1967 to 3 March 1968, then as a machine gunner with the 189th Assault Helicopter Company, from 4 March to 15 July 1968. On or about 16 July 1968 he was returned to Fort Devens, Massachusetts, in a medical hold status for medical problems that are not shown in the record. On 22 October 1968, he returned to the 189th Assault Helicopter Company as a machine gunner and remained in that assignment until he completed his tour of duty and returned to the States on 7 September 1969. He was honorably discharged on 23 September 1969 in the grade of private.

His DD Form 214 reflects the following awards: the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal with 1960 device. The PUC is not shown as an authorized award. Subsequent to his separation from active duty, and at his request, the National Personnel Records Center determined that he was also entitled to the Air Medal with Numeral 2 and “V” device, 1 silver and three bronze service stars, to be affixed to his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Marksman Badge with rifle bar.







The applicant’s DA Form 20 shows that during his Vietnam assignments his principal duty was door gunner with the 189th Assault Helicopter Company.

Based on the documents he has provided, the 189th Assault Helicopter Company was apparently a subordinate unit of the 52nd Combat Aviation Battalion.

His record contains no references to or orders showing that he was awarded the PUC, or assigned to a unit during the period in which it was authorized the PUC.

Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, does not show that the 189th Assault Helicopter Company was awarded the PUC. It does show that Headquarters and Headquarters Company, 52nd Aviation Battalion, was awarded the PUC for the period 29 October to 30 November 1967.

Army Regulation 670-1, Wear and Appearance of Army Uniforms and Insignia, provides in pertinent part, that the PUC is authorized for permanent wear by an individual who was assigned to and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The applicant has provided no evidence and his records contain no evidence to show that he was assigned to a unit during the time it was authorized the PUC.

2. Moreover, there are no orders or other official documents showing that the unit he was assigned to, the 189th Assault Helicopter Company, was ever officially attached to the SOG, during the period it was cited for award of the PUC, for any mission – classified or unclassified. Absent such a finding, there is no basis to award the PUC.

3. The fact that the applicant’s unit may have performed classified or clandestine operations is possible; however, the evidence of such operations is not in the available records. Unfortunately, those who undertake secret assignments must do so with the knowledge that they may have to forego public recognition.






4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___jhl ___ ___tbr___ ___rwa__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001065931
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020709
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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