IN THE CASE OF:	

		BOARD DATE:	  21 January 2010

		DOCKET NUMBER:  AR20090013021 


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 that his records be corrected to show he was entitled to wear a Presidential Unit Citation awarded to the 74th Aviation Company and a Valorous Unit Award awarded to the 199th Infantry Brigade.  He also requests, in effect, that his letter of commendation for his selection as the Battalion’s Soldier of the Month for February be added to his 1971 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he received the ribbon for the Presidential Unit Citation when he was discharged but never did receive the ribbon for the Valorous Unit Award.  He states neither of the awards is recorded on his DD Form 214.

3.  The applicant provides a copy of his 1971 DD Form 214, a copy of the letter of commendation, and copies of extracts from DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) showing the unit awards in question.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s record shows he was inducted into the Army of the United States and entered active duty on 21 August 1969.  He was trained in, awarded, and served in military occupational specialty (MOS) 71P (Flight Operations Specialist) and the highest rank he attained while serving on active duty was specialist five/E-5.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 20 January 1970 through 23 March 1971.  Item 38 (Record of Assignments) shows that during his Vietnam tour he was assigned to Company A, 7th Support Battalion, 199th Light Infantry Brigade, performing duties in MOS 71H as a senior casualty report clerk.  It further shows he was assigned to the 74th Aviation Company from 19 September 1970 through 23 March 1971 performing duties in MOS 71B as a clerk typist and 71P as a flight operations specialist.

4.  On 5 February 1971 the applicant was presented a letter of commendation in recognition of his selection as a Soldier of the Month.  The letter was directed for filing in his field DA Form 201 (Military Personnel Records Jacket).  A review of the applicant’s available DA Form 201 confirms a copy of the letter is in the file.

5.  On 26 March 1971, the applicant was honorably released from active duty.  The DD Form 214 he was issued at the time confirms he completed a total of 1 year, 7 months, and 6 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show entitlement to wear the Presidential Unit Citation or the Valorous Unit Award.

6.  A review of DA Pamphlet 672-3 indicates the 74th Aviation Company was awarded the Presidential Unit Citation for the period 10 through 13 June 1965 and that Headquarters and Headquarters Company, 199th Infantry Brigade, was awarded the Valorous Unit Award for the period 11 January 1968 through 19 February 1968.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 wear of the decoration.

8.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states, in pertinent part, that the DD Form 214 will reflect decorations, medals, badges, citations, and campaign ribbons awarded or authorized.  Certificates of achievement, letters of appreciation and commendation, or similar documents are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was in units which were awarded unit decorations, because he was not assigned to the units during the periods recognized by the awards, he is not entitled to permanent wear of the awards and, as such, is precluded from having them listed on his DD Form 214.

2.  While the evidence confirms the applicant was presented with a letter of commendation, in accordance with the governing regulation, such letters are not recorded on the DD Form 214.

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 the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090013021



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ABCMR Record of Proceedings (cont)                                         AR20090013021



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