IN THE CASE OF:
BOARD DATE: 02 OCTOBER 2008
DOCKET NUMBER: AR20080007728
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Presidential Unit Citation (PUC).
2. The applicant states, in effect, that during his first assignment to the Republic of Vietnam (RVN) he was in the U.S. Marine Corps (USMC) and his unit was awarded the PUC. He was honorably discharged from the USMC on 15 March 1968 and issued a DD Form 214 which shows award of the PUC. He served in the RVN a second time with the U.S. Army as a pilot with the 158th Aviation Battalion. In March 1971, the 158th Aviation Battalion was awarded the PUC. His DD Form 214 from the U.S. Army should show that he was awarded the PUC (Second Award).
3. The applicant provides a copy of his DD Forms 214; a copy of his previous decision from the Army Board for Correction of Military Records (ABCMR Docket Number 20070012218, 17 January 2008); and a copy of the 158th Aviation Battalion Unit Awards.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. In a previous decision before the ABCMR (AR20070012218, 17 January 2008), the applicant's DD Form 214 was corrected to add the Air Medal with Numeral "74;" the Purple Heart with First Oak Leaf Cluster; and one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal. This decision also corrected the applicant's month of birth.
3. The applicant served in the USMC from 15 June 1965 through 15 March 1968. He served in the RVN from December 1965 December 1966. His DD Form for this period of service shows he was awarded the PUC.
4. On 28 October 1969, the applicant enlisted in the Regular Army for a period of 2 years. On 18 October 1970, he was honorably discharged in the rank of specialist five/E-5 to accept an appointment as a Warrant Officer. On
7 December 1971, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Standby).
5. The applicant served in the RVN again from 2 March 4 December 1971. He performed duties as a helicopter pilot with Companies B and C, 158th Aviation Battalion, 101st Airborne Division.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows a unit to which the applicant was assigned (158th Aviation Battalion) was cited for award of the PUC for the period
3 February 28 March 1971, by Department of the Army General Orders Number 13, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant had a prior period of service in the USMC. He served in the RVN during this period of service and his unit was awarded the PUC which is shown on his DD Form 214.
2. The applicant served his second tour of duty in the RVN while in the U.S. Army. His unit, the 158th Aviation Company, was awarded the PUC during the time the applicant was assigned to the unit.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 from the Army shows only one award of the PUC. Therefore, his record should be corrected to show PUC (Second Award).
BOARD VOTE:
__XXX __ __XXX__ __XXX__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting "PUC" from the applicant's DD Form 214 and adding "Presidential Unit Citation (Second Award).
___ XXX ___
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) AR20080007728
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ABCMR Record of Proceedings (cont) AR20080007728
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