RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 FEBRUARY 2007
DOCKET NUMBER: AR20060008320
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 Presidential Unit Citation (PUC) and the Meritorious Unit Commendation (MUC). Additionally, he requests certificates be issued for these awards.
2. The applicant states, in effect, that these awards were not listed on his records.
3. The applicant provides an extract of General Orders Number 25.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 13 August 1970. The application submitted in this case is dated 4 June 2006.
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 applicants failure to timely file.
3. The applicants records show that he enlisted into the Regular Army for 3 years and entered active duty on 14 August 1967. He served in the Republic of Vietnam from 5 October 1968 to 25 February 1969. While in Vietnam, the applicant was assigned to Special Operations Augmentation (Command and Control), 5th Special Forces Group (Airborne), 1st Special Forces.
4. The applicant provided an extract of General Orders Number 25, Headquarters, Department of the Army, dated 8 June 2001. This order explains the criteria for the award of the Presidential Unit Citation. The extract also shows a list of units authorized the award of the PUC, including the unit to which he was assigned in while in Vietnam.
5. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units which served in the Vietnam War. This document shows that the 5th Special Forces Group, 1st Special Forces, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 70, dated 1969. However, there is no indication that the applicants unit in Vietnam was awarded the Presidential Unit Citation while he was assigned.
6. Unit citations are awarded to units, not individuals. Therefore, while a Soldier might be assigned to a unit when the unit was awarded a citation, the citation is reflected on the Soldiers separation document; however no orders or certificates for a unit award will be issued.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant is entitled to the award of the Meritorious Unit Commendation. However, there is no evidence to show that the applicant should be awarded the Presidential Unit Citation.
2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 August 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 August 1973. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__JR____ ___DH _ __RG___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he is entitled to the award of the Meritorious Unit Commendation.
2. The Board further determined that 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 award of the Presidential Unit Citation and the issuance of certificates for both the PUC and the MUC.
_____Jeffrey Redmann_____
CHAIRPERSON
INDEX
CASE ID
AR20060008320
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070208
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1.
107.00
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3.
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