IN THE CASE OF:
BOARD DATE: 16 July 2009
DOCKET NUMBER: AR20090003352
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 reflect award of a Presidential Unit Citation.
2. The applicant states that the Studies and Observation Group, Military Assistance Command, Vietnam was awarded a Presidential Unit Citation in 2001. He notes that the citation states that supporting these hazardous missions were helicopter units of the U.S. Army and that these courageous aviators often flew through heavy fire to extract Special Operations Group operators from seemingly hopeless situations
. He states that he flew these missions while serving with the 57th Assault Helicopter Company between June 1969 and July 1970, earning three Purple Hearts and 18 Air Medals and flew most of the missions for Command Control Central out of Kontrum, Republic of Vietnam.
3. The applicant provides a copy of the Presidential Unit Citation narrative and a copy of his 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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. Records available to the Board indicate the applicant was inducted and entered active duty as an enlisted Soldier on 9 December 1968. He was assigned as a crew chief with the 57th Aviation Company in Vietnam between June 1969 and July 1970 where he was awarded, among other decorations, three awards of the Purple Heart and 18 awards of the Air Medal.
3. On 16 July 1970, the applicant was released from active duty with an honorable characterization of service.
4. Department of the Army General Order Number 25, dated 8 June 2001, announced award of the Presidential Unit Citation to the Military Assistance Command, Vietnam, Studies and Observation Group for the period 24 January 1964 to 30 April 1972. The order included a list of units that were assigned or attached to the Studies and Observation Group and also entitled to the award. The applicants unit was not among those units listed as authorized the decoration, although the Special Operations Augmentation, Command and Control Central, 5th Special Forces in Kontrum and Ban Me Thuot were included among the assigned and/or attached unit specified for award of the Presidential Unit Citation.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. An individual must be assigned or attached to a unit during the period for which the decoration was awarded in order to be authorized permanent were of the decoration.
DISCUSSION AND CONCLUSIONS:
1. While the applicant argues that he was a member of a unit which participated in the actions for which the Studies and Observation Group was awarded the Presidential Unit Citation, there is no evidence available to the Board which confirms that argument. The applicants unit, the 57th Aviation Company, is not among the list of units which were designated as assigned or attached to the Studies and Observation Group during the period recognized by the award. In the absence of evidence which confirms the applicant was part of one of the organizations recognized by the Presidential Unit Citation, there is no basis to correct the applicants records to show entitlement to that decoration.
2. 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 the aforementioned requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20090003352
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