RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 AUGUST 2006
      DOCKET NUMBER:  AR20060000010


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Ronald Gant                   |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Republic of Korea Presidential Unit
Citation (ROKPUC).

2.  The applicant states that he was assigned to B Troop, 5/17th Cavalry,
2nd Infantry Division, from 11 February 1988 to 10 December 1988.

3.  The applicant provides his DD Form 215 (Correction to DD Form 214,
Certificate of Release or Discharge from Active Duty), Army Achievement
Medal, Award of the ROKPUC to 2nd Infantry Division, and Memorandum for
Record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 December 1999.  The application submitted in this case
is dated 12 February 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows he enlisted in the Regular Army on 30
August 1983 and served 2 years, 9 months and 28 days until his discharge on
27 July 1986.  The applicant reentered the Army on 28 January 1988.  He
served in the Republic of Korea from 10 February 1988 to 10 December 1988
and was honorably discharged for physical disability on 6 April 1989.

4.  On 19 January 1989, the applicant was awarded the Army Achievement
Medal for meritorious service from 11 February 1988 to 10 December 1988 as
a squad leader and gunner for B Troop, 5th Squadron, 17th Cavalry, 2nd
Infantry Division.  His DD Form 215, dated 12 July 2002, verifies this
award.

5.  The applicant also provided a copy of his DD Form 215, dated 3 June
2004, that shows he was awarded the Korea Defense Service Medal.

6.  An article titled “2nd Infantry Division Awarded ROK Presidential Unit
Citation” stated that the 2nd infantry Division was awarded the Republic of
Korea Presidential Unit Citation from President Kim, Dae-Jung on 29
December 1999.  The ceremony was held at Hanson Fieldhouse at Camp Casey
where the majority of the division’s units were located.  President Kim
recognized the division for making significant contributions to the
development of the Republic of Korea Army combat capability, to
strengthening the ROK/U.S. Combined Forces Command, and for enhancing the
relationship with communities near division installations.

7.  A Memorandum for Record, dated January 2002 from Chief, Policy Section,
Military Awards Branch, addressed 2nd Infantry Division’s entitlement to
the award of the ROKPUC.  The Chief, Policy Section, stated that this
action was coordinated with the Command Judge Advocate who opined that
since no combat service was implicated it would be inappropriate to support
authorization for permanent wear of the ROKPUC.  The Chief, Policy Section,
said as an exception to Army uniform policy, Soldiers who are assigned to
the 2nd Infantry Division many continue to wear the ROKPUC while serving
with the unit of the Host Nation.  However, upon reassignment from the 2nd
Infantry Division, these Soldiers will no longer be authorized to wear the
ROKPUC on their Army uniform.

8.  Army Regulation 600-8-22 (Military Awards) states, that the Republic of
Korea Presidential Unit Citation is awarded by the Korean government.  Not
more than one Republic of Korea Presidential Unit Citation will be worn by
any individual and no oak leaf cluster or other appurtenance is authorized.

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) states, in pertinent part, that a unit award is given to an
operating unit and is worn by members of that unit who participated in the
cited action.  Personnel who did not participate in the cited action, but
who are assigned in the cited unit, are authorized temporary wear of some
unit awards.

DISCUSSION AND CONCLUSIONS:

1.  Although record of evidence verifies that the applicant was assigned to
the     2nd Infantry Division, he was not assigned to the division at the
time the unit was awarded the ROKPUC on 29 December 1999.  Therefore, he is
not entitled to this award.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.
3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 December 1999; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    28 December 2002.  The applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__PS ___  __LD____  __RG ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _______Paul Smith________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000010                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060829                                |
|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.                      |                                        |


-----------------------
[pic]