DOCKET NUMBER: AR20090002871
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 the Presidential Unit Citation (PUC).
2. The applicant states that he participated in combat with the 170th Assault Helicopter Company in direct air support of the Studies and Observations Group (SOG), Military Assistance Command Vietnam (MACV), operations. He further states that SOG-MACV and its air asset units were awarded the PUC for extraordinary heroism during combat operations behind enemy lines in Laos and Cambodia. The 170th Assault Helicopter Company was assigned as an air asset to Command and Control Central, SOG-MACV, during 1970 and 1971 and was not listed on the PUC orders either by accident or oversight.
3. The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214), award orders for the Air Medal, letter of commendation, draft copy of PUC narrative, separation orders, and DA Form 20 (Enlisted Qualification Record) in support of his request.
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 30 September 1969, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 67N (Utility Helicopter Mechanic).
3. On or about 2 May 1970, the applicant was assigned for duty in the Republic of Vietnam. On 11 November 1970, he was assigned for duty as a helicopter mechanic with the 170th Aviation Company. He returned to the United States on or about 7 April 1971 for duty at Fort Benning, Georgia.
4. On 31 March 1972, the applicant was released from active duty. He had attained the rank of specialist five, pay grade E-5 and had completed 2 years, 6 months, and 2 days of creditable active duty.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected, lists his awards as the National Defense Service Medal, two overseas service bars, Army Commendation Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Air Medal with Numeral 6, and Army Good Conduct Medal. It does not show award of the PUC.
6. Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards for the Vietnam era. The 170th Assault Helicopter Company is not shown to have been authorized the PUC.
7. The PUC (Army) was presented to SOG-MACV on 4 April 2001. The citation, in pertinent part, reads: "The Studies and Observations Group is cited for extraordinary heroism, great combat achievement, and unwavering fidelity while executing unheralded top secret missions deep behind enemy lines across Southeast Asia
MACV-SOG reconnaissance teams composed of Special Forces Soldiers and indigenous personnel penetrated the enemy's most dangerous redoubts in the jungled Laotian wilderness and the sanctuaries of eastern Cambodia
Supporting these hazardous missions were SOG'S own U.S. and South Vietnam's Air Force transport and helicopter squadrons, along with USAF Forward Air Controllers and helicopter units of the U.S. Army and U.S. Marine Corps. These courageous aviators often flew through heavy fire to extract SOG operators from seemingly hopeless situations, saving lives by selflessly risking their own [emphasis added]
"
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he supported the SOG-MACV operations and that the PUC awarded to SOG-MACV should be included in his authorized awards
2. Although the mention of the unidentified units that supported SOG's operations shows intent to laud those units and the brave personnel who served with them, there is no available evidence showing that they were actually awarded the PUC or that there was an intention to do so. There is no available list of non-SOG units who were included in this award of the PUC.
3. 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.
4. 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.
ABCMR Record of Proceedings (cont) AR20090002871
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ABCMR Record of Proceedings (cont) AR20090002871
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