IN THE CASE OF:
BOARD DATE: 21 April 2009
DOCKET NUMBER: AR20080019739
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of a Presidential Citation.
2. The applicant states that the Presidential Citation awarded by then President Lyndon Johnson was not entered on his DD Form 214.
3. The applicant provides, in support of his application, copies of his DD Form 214, a certificate showing that a Presidential Citation was awarded to the Field Printing Plant, Headquarters, United States Army, Alaska, and two photographs of himself in uniform while serving at the printing plant.
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. On 1 October 1963, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 83F (Offset Pressman).
3. On 23 December 1963, the applicant was assigned to Fort Richardson, Alaska, for duty as an offset pressman.
4. The certificate provided by the applicant shows that on 5 March 1965, the personnel of the United States Army, Alaska, Field Printing Plant, were presented a Presidential Citation by the Commanding General, United States Army, Alaska. The applicant's name was listed at the bottom of this document as one of the assigned personnel. The list of individuals included both military and civilian employees. The citation was awarded in special recognition of an outstanding contribution to greater economy and improvement in government operations during the tenth anniversary year of the Federal incentive awards program.
5. On 29 September 1965, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He had attained the rank of private first class/pay grade E-3 and had completed 1 year, 11 months, and 29 days of creditable active duty service.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided, in pertinent part, that all decorations, service medals, campaign credits, and badges awarded or authorized, as listed in section 9, DA Form 24 (Service Record) were to be entered in item 26.
7. Army Regulation 672-5-1 (Awards), in effect at the time, did not provide for award of a Presidential Citation as a military award.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Presidential Citation that he received while on active duty.
2. The certificate indicates that this citation was a Federal incentive award and not a military award. Therefore, it should not be shown on the DD Form 214.
3. In view of the above, the applicant's request should be denied.
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.
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