RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2007
	DOCKET NUMBER:  AR20060011713 


	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. Gerard W. Schwartz

Acting Director

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Paul M. Smith

Member

Mr. Jerome L. Pionk

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.

2.  The applicant states that, while he was assigned to Troop D, 1st Squadron, 4th Cavalry Regiment of the 1st Infantry Division it was awarded the Presidential Unit Citation.  

3.  The applicant provides eight pages from the 4th Cavalry Regiment website in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 6 July 1970, the date of his transfer to the United States Army Reserve.  The application submitted in this case is dated 31 July 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 applicant’s failure to timely file.

3.  Records show that the applicant enlisted in the Regular Army on 3 October 1967.  He completed basic training and was awarded military occupational specialty 67N (Helicopter Mechanic Helper).  

4.  Records show that he was assigned to Troop D, 1st Squadron, 4th Cavalry Regiment of the 1st Infantry Division.  Records further show that the applicant served in the Republic of Vietnam during the period 27 April 1968 through 26 April 1969.

5.  The applicant's military records do not show that he was awarded the Presidential Unit Citation.

6.  Department of the Army Pamphlet 632-3 (Unit Citation and Campaign Credit Register) does not show that while the applicant was assigned to Troop D, 1st Squadron, 4th Cavalry Regiment of the 1st Infantry Division it was awarded the Presidential Unit Citation. 
7.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 632-3 shows that, while the applicant was assigned to Troop D, 1st Squadron, 4th Cavalry Regiment of the 1st Infantry Division it was awarded the Valorous Unit Award by Department of the Army General Orders Number 31, dated 1969. 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Presidential Unit Citation was carefully considered and determined to be without merit.

2.  Troop D, 1st Squadron, 4th Cavalry Regiment of the 1st Infantry Division during the period the applicant was assigned was not awarded the Presidential Unit Citation.

3.  Orders show that Troop D, 1st Squadron, 4th Cavalry Regiment of the 1st Infantry Division was awarded the Valorous Unit Award during the applicant period of service.  Therefore, the applicant is entitled to correction of his records to show this award.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 July 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 July 1973.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the Board Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_JLP____  _WDP__  _PMS____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely file in this case.

2.  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 to show award of the Presidential Unit Citation.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Valorous Unit  Citation.




_William D. Powers__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.