RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 October 2007
	DOCKET NUMBER:  AR20070008498 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Scott W. Faught

Member

Mr. Roland S. Venable

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, in effect:

	a.  verification and award of the Presidential Unit Citation (PUC); and

	b.  reconsideration of his previous request for award of three additional Purple Hearts and a Silver Star.

2.  The applicant states that the 101st Airborne Division was the first entire division to earn the PUC.  He further adds that during his service as a combat infantry Soldier in the Republic of Vietnam, he did not think about medals and awards.  However, after 38 years, he feels he earned the PUC.

3.  The applicant also reiterates his numerous claims for multiple awards of the Purple Heart and award of the Silver Star.

4.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and an extract from the May 2007 Veterans of Foreign Wars (VFW) monthly magazine, in support of his application. 

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.  A portion of the applicant's request involves reconsideration of his previous denials for three awards of the Purple Heart and one award of the Silver Star, which were last considered and denied in ABCMR Docket Number AR2002073925, on 15 August 2002.  Army Regulation (AR) 15-185 sets forth 

procedures for processing requests for correction of military records.  Paragraph 2-15a governs requests for reconsideration.  This provision of regulation allows an applicant to request reconsideration of an earlier decision of the ABCMR if the request is received within one year of the original decision and it has not previously been reconsidered.  Such requests must provide new evidence or argument that was not considered at the time of the ABCMR's prior consideration.  The ABCMR reviewed the applicant's request for reconsideration and determined that it was not received within one year of the ABCMR's original decision, nor did it provide any new evidence.  As a result, reconsideration of the request for award of the Silver Star and three additional Purple Hearts is denied and will not be further discussed in these Proceedings.  The applicant's only remaining option is to seek relief in a court of appropriate jurisdiction.

3.  The applicant's records show that he was inducted into the Army of the United States on 6 March 1968.  Records further show that he was awarded military occupational specialty (MOS) 11H (Infantry Indirect Fire Crewman) and that the highest rank he attained during his military service was sergeant/pay grade E-5.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on 26 February 1970.

4.  The applicant's records show that he served in the Republic of Vietnam during the period 28 February 1969 to 26 February 1970.  He was assigned to Company C, 2nd Battalion, 501st Infantry.

5.  Item 24 (Decorations, Medals, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the PUC.

6.  The applicant submitted an extract from the May 2007 monthly VFW Magazine stating that the 101st Airborne Division was the first entire division to earn the Presidential Unit Citation.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  It does not show that the entire 101st Airborne Division was awarded the Presidential Unit Citation during the period the applicant served in the Republic of Vietnam.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the authorization for wear, composition, and classification of uniforms, and the occasions for wearing all personal, optional, and commonly worn organizational Army uniforms.  It also prescribes the awards, insignia, and accouterments authorized for wear on the uniform, and how these items are worn.  It states, in pertinent part, US unit awards, including the PUC, are given to an operating unit and worn by members of that unit who participated in the cited action [emphasis added].  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.  The applicant requests verification of his entitlement to award of the Presidential Unit Citation.  He provides an extract of a VFW Magazine article and he highlighted the portion that states "...the 101st became the first entire division to earn the Presidential Unit Citation (PUC)."

2.  The entire VFW Magazine article from the May 2007 issue recounted the 101st Airborne Division's glorious history from 1942 to the present.  The article stated that during World War II, the entire division was awarded the PUC for the Battle of Bastogne.  This is not entirely correct; the actual citation cites the "101st Airborne Division (less 2d Battalion, 401st Glider Infantry Regiment)."

3.  The applicant was not yet born when the 101st Airborne Division was awarded the PUC for extraordinary heroism and gallantry during the Battle of Bastogne; only those World War II Soldiers who were assigned and present at Bastogne may permanently wear the PUC for that action.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__lds___  __swf___  __rsv___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



							Linda D. Simmons
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070008498
SUFFIX

RECON

DATE BOARDED
20071025
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.