IN THE CASE OF:
BOARD DATE: 15 July 2008
DOCKET NUMBER: AR20080008308
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 Presidential Unit Citation (PUC) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that his company was awarded the PUC for actions from 5 through 10 May 1968, during the time he was serving with the unit.
3. The applicant provides his DD Form 214 and Department of the Army General Orders Number 60, dated 17 October 1969.
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. The applicant was inducted into the Army on 14 November 1967. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant departed the States for Vietnam on 3 May 1968.
4. Headquarters, U. S. Army Vietnam, Transient Detachment, Special Order 128, dated 7 May 1968, further assigned the applicant to the 7th Combat Service Support Transient Battalion.
5. Headquarters, 199th Infantry Brigade, Special Orders Number 130, dated 9 May 1968, paragraph 13, stated that the applicant, from the Replacement Detachment, 7th Support Battalion, 199th Infantry Brigade, was appointed to the rank and grades of Private First Class, E-3.
6. Headquarters, 199th Infantry Brigade, Special Orders Number 130, dated 9 May 1968, paragraph 12, assigned the applicant and a group of others to Company D, 4th Battalion, 12th Infantry, 199th Infantry Brigade, with a report date of 16 May 1968.
7. Item 38 (Record of Assignments) of the applicants DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company D, 4th Battalion,12th Infantry, 199th Infantry Brigade, on 16 May 1968.
8. The applicant departed Vietnam on 30 April 1969.
9. Department of the Army General Orders Number 60, dated 17 October 1969, awarded the PUC to Company D, 4th Battalion, 12th Infantry, 199th Infantry Brigade, for extraordinary heroism during the period 5 to 10 May 1968.
10. The applicant was honorably released from active duty on 13 November 1969. The PUC is not listed on his DD Form 214.
11. Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia, and accouterments authorized for wear on the uniform. In pertinent part, it states a Soldier may wear a unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited. A Soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.
DISCUSSION AND CONCLUSIONS:
1. Department of the Army General Orders Number 60, dated 17 October 1969, awarded the PUC to Company D, 4th Battalion, 12th Infantry, 199th Infantry Brigade, for extraordinary heroism during the period 5 to 10 May 1968.
2. However, the evidence of record shows that the applicant was not assigned to Company D, 4th Battalion,12th Infantry, 199th Infantry, until 16 May 1968. Since it appears the applicant is not eligible to wear the PUC as a permanent award, it is not authorized for entry on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xx____ __xx____ ___xx___ 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.
_ _______xxxxx____________
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) AR20080008308
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080008308
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015831
Application for correction of military records (with supporting documents provided, if any). Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120019586 on 30 May 2013. His new argument has been noted; however, there is no available evidence of record showing that the applicant was assigned or attached to the Forward Observer Team...
ARMY | BCMR | CY2014 | 20140014749
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Presidential Unit Citation. He was wounded in Vietnam, but he did not receive a Purple Heart. His service record does not contain orders that show he was awarded the Purple Heart or medical documents that show he was wounded in action.
ARMY | BCMR | CY2011 | 20110018380
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Good Conduct Medal, and the Purple Heart. The evidence of record shows he was assigned to an infantry unit during his service in the RVN and the Purple Heart he was awarded for a fragment wound he sustained to his right leg strongly supports his having been...
ARMY | BCMR | CY2013 | 20130001285
The applicant, the son of a deceased former service member (FSM), requests correction of the FSM's record to show award of the Presidential Unit Citation and Combat Infantryman Badge (CIB). The applicant contends the FSM's record should be corrected to show award of the Presidential Unit Citation. _______________________ 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.
ARMY | BCMR | CY2011 | 20110015901
The evidence of record confirms the applicant was awarded the BSM with V Device for heroism in the RVN on 9 May 1968 and this award was announced and authorized in GOs issued by the 199th Infantry Brigade, as evidenced by an entry in item 41 of his DA Form 20. The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130017796
The applicant states he served with Company D, 4th Battalion, 12th Infantry Regiment, and they were awarded the Presidential Unit Citation for actions during the period 5 to 10 May 1968 while he was assigned to the company. Based on his service with Company D, 4th Battalion, 12th Infantry Regiment, he is authorized the following awards: * Presidential Unit Citation * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor...
ARMY | BCMR | CY2008 | 20080005762
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with the period ending 2 October 1969, be corrected to show award of the Presidential Unit Citation. The applicant's DD Form 214 with the ending period 2 October 1969 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Army...
ARMY | BCMR | CY2006 | 20060001091C070205
The applicant adds that he was also awarded the Army Commendation Medal while serving in an infantry unit in Vietnam from February 1969 to July 1969. To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit. As a result, the Board...
ARMY | BCMR | CY2012 | 20120019586
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Valorous Unit Award (VUA) * Presidential Unit Citation (PUC) * Meritorious Unit Commendation (MUC) * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * RVN Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 2. d. Item...
ARMY | BCMR | CY2014 | 20140010705
The applicant requests reconsideration of his earlier requests for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Presidential Unit Citation (PUC), Valorous Unit Award (VUA), and the Combat Infantryman Badge (CIB). There was no evidence in the applicant's available records that show he was awarded an infantry MOS or that he was assigned or attached to Company C, 1st Battalion, 12th Cavalry Regiment during his service in Vietnam. The majority of...