IN THE CASE OF:
BOARD DATE: 4 September 2008
DOCKET NUMBER: AR20080010155
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 correction of his records to add two awards of the Presidential Unit Citation.
2. The applicant states, in effect, that he served with the Special Operations Group (SOG) and that his unit was awarded the Presidential Unit Citation. He further states that he was discharged before the Presidential Unit Citation was issued.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 1 December 1972.
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 enlisted in the Regular Army on 19 February 1970 and successfully completed basic combat training and advanced individual training. He was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant arrived in Vietnam and was assigned to the U.S. Army Vietnam Individual Training Group (ITG) on or about 5 February 1972. On 15 May 1972, the ITG was designated the Forces Armee Nationale Khmer (FANK) Training Command.
4. The applicant departed Vietnam on or about 28 November 1972. On
1 December 1972, he was released from active duty after completing 2 years,
9 months, and 13 days of creditable active service.
5. The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with Device (1960), the Parachutist Badge, the Expert Marksmanship Qualification Badge (Rifle Bar), the Expert Marksmanship Qualification Badge (Mortar Bar), the Marksman Marksmanship Qualification Badge (Grenade Bar), the Sharpshooter Marksmanship Qualification Badge (Rifle Bar), and 1 Overseas Service Bar.
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 does not show that at the time of the applicants assignment to the U.S. Army Vietnam ITG/FANK Training Command it was awarded any Presidential Unit Citations. However, it does show that the U.S. Army Vietnam ITG/FANK Training Command was cited for one award of the Meritorious Unit Commendation during a period of time he was assigned to the unit.
DISCUSSION AND CONCLUSIONS:
Department of the Army Pamphlet 672-3 does not show that the applicants unit was cited in general orders for award of any Presidential Unit Citations during the period of his assignment in Vietnam. Therefore, there is insufficient evidence on
which to add two awards of the Presidential Unit Citation to his DD Form 214. However, it is noted that his unit was cited for the award of the Meritorious Unit Commendation during his period of service in Vietnam and that he may have misunderstood being awarded the Presidential Unit Citations instead of the Meritorious Unit Commendation and due to an apparent misunderstanding he is eligible for the Meritorious Unit Commendation. His DD Form 214 should be corrected to show the award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__xx____ __xx____ __xx____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the Meritorious Unit Commendation.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding two awards of the Presidential Unit Citation to his DD Form 214.
_______ xxxx_______ ___
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) AR20080010155
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ABCMR Record of Proceedings (cont) AR20080010155
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