IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20080001003 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the unit listed in Item 12 (Last Duty Assignment and Major Command) of his 26 June 1968 separation document 
(DD Form 214) be corrected.   

2.  The applicant states, in effect, that the unit listed in Item 12 of his DD Form 214 should be Battery C, 2nd Battalion, 34th Armor, and he indicates he was never assigned to Battery A.  He also requests to be awarded the Presidential Unit Citation (PUC).  

3.  The applicant provides a newspaper article with photo 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.  The applicant's record shows that he was inducted into the Army and entered active duty on 27 June 1966.  He was trained in and awarded military occupational specialty (MOS) 13A (Field Artillery), and specialist four (SP4) is the highest rank he attained while serving on active duty.  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) from 3 December 1966 through
2 December 1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Battery C, 1st Battalion, 8th Artillery.  Item 38 also shows that he departed the RVN on 2 December 1968, and that he was assigned to Fort Benning, Georgia, where he arrived for duty on 10 January 1988.  Item 38 shows that while assigned to Fort Benning, the applicant was assigned to Battery A, 7th Battalion, 18th Artillery.  

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains Headquarters, United States Army Infantry Center Special Orders Number 176, dated 24 June 1968, which authorized the applicant's release from active duty (REFRAD) on 26 June 1968.  These orders show in the standard name line that the applicant's unit of assignment at the time was Battery A, 7th Battalion, 
18th Artillery, 197th Infantry Brigade, 3rd United States Army.  

5.  On 26 June 1968, the applicant was honorably REFRAD, in the rank of SP4, after completing 2 years of active military service.  The DD Form 214 he was issued upon his REFRAD shows his last duty assignment was Battery A, 
7th Battalion, 18th Artillery.  The DD Form 214 as amended by a correction 
(DD Form 215) issued on 25 May 2007, shows he earned the following awards:  National Defense Service Medal; Purple Heart; Vietnam Service Medal with 
2 bronze service stars; RVN Campaign Medal with Device (1960); RVN Gallantry Cross with Palm Unit Citation; RVN Civil Actions Honor Medal First Class Unit Citation; Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar; and 2 Overseas Service Bars.  The applicant authenticated the DD Form 214 with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD.   

6.  The applicant provides a newspaper article with photo that discusses his being wounded in action in the RVN, and that confirms his unit address in the RVN was Battery C, 1st Battalion, 8th Artillery.  


7.  Army Regulation 635-5 prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant's REFRAD stated to enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization.  

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that neither the applicant's unit in the RVN (Battery C, 1st Battalion, 8th Artillery) or his unit at Fort Benning (A Battery, 7th Battalion, 18th Artillery) received the PUC during the periods he was assigned to those units. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was never assigned to the unit listed in Item 12 of his DD Form 214 was carefully considered.  However, there is insufficient evidence to support his claim.

2.  An entry in Item 38 of the applicant's DA Form 20 and the separation orders on file in his MPRJ confirm the unit listed in Item 12 of the separation document was his last unit of assignment at Fort Benning.  The unit he was assigned to in the RVN, which is also listed in Item 38 of his DA Form 20, is the same as the unit listed as his mailing address in the newspaper article he provides.  As a result, it appears the unit listed in Item 12 of his DD Form 214 accurately reflects his last duty assignment.  

3.  The evidence of record also confirms that neither the applicant's unit in the RVN or his unit at Fort Benning were awarded the PUC during the periods of his assignments to these units.  As a result, there is an insufficient evidentiary basis to support awarding him the PUC at this time.  

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

___x____  ___x ____  ___x____  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.




      _______x________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080001003



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ABCMR Record of Proceedings (cont)                                         AR20080001003



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