BOARD DATE: 5 January 2010
DOCKET NUMBER: AR20090011892
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) and the Valorous Unit Award (VUA) for his service in the Republic of Vietnam.
2. The applicant states that these awards were omitted from his DD Form 214.
3. The applicant provides, in support of his application, copies of his DD Form 214 and information obtained from the internet showing award of the PUC and VUA to the 13th Signal Battalion.
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 4 January 1968, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and he was awarded military occupational specialty (MOS) 94B (Cook).
3. On 26 August 1968, the applicant departed Fort Ritchie, MD, for duty in the Republic of Vietnam.
4. On 9 October 1968, the applicant was assigned for duty as a cook with Headquarters and Headquarters Company, 13th Signal Battalion. He served in this position until his return to the United States on 30 September 1969.
5. On 4 October 1969, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He had attained the rank/grade of specialist four (SP4)/E-4 and he had completed 1 year, 9 months, and 1 day of creditable active duty service.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that the 13th Signal Battalion was cited in Department of the Army General Orders for award of the PUC during the period 23 October to 26 November 1965 and for award of the VUA during the period 1 May to 29 June 1970.
7. 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 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. The applicant contends that his unit was awarded the PUC and VUA and that these unit awards should be added to his DD Form 214.
2. The evidence of record shows that the 13th Signal Battalion was awarded the PUC prior to the applicant's arrival in the unit and the VUA after the applicant's departure from the unit. To be entitled to the PUC and VUA, the applicant would have to have been assigned to the 13th Signal Battalion during the period of award, which he was not.
3. Based on the foregoing, the applicant is not entitled to correction of his records to show either of these unit awards.
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) AR20090011892
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ABCMR Record of Proceedings (cont) AR20090011892
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