IN THE CASE OF:
BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090013675
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Presidential Unit Citation (PUC).
2. The applicant states, in effect, that the PUC was approved and awarded to his unit on 23 September 1968, three days after his discharge.
3. The applicant provides his DD Form 214 in support of his application.
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. The applicant's record shows he was inducted into the Army of the United States and he entered active duty on 23 September 1966. He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and sergeant (SGT)/E-5 is the highest rank/grade he attained while serving on active duty.
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 1 April 1967 through 10 March 1968. Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company B, 3rd Battalion, 22nd Infantry Regiment, performing duties in MOS 11B as a rifleman. Item 41 (Awards and Decorations) shows that during his active duty tenure, he earned the following awards: National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), RVN Campaign Medal (RVNCM), Bronze Star Medal (BSM), Army Good Conduct Medal (AGCM), and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.
4. On 20 September 1968, the applicant was honorably released from active duty (REFRAD) after completing a total of 1 year, 11 months, and 28 days of active military service. Item 24 (Decorations, Medals, Badges, Citations, Commendations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure: NDSM, VSM, RVNCM, CIB, BSM, AGCM, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. This publication confirms the applicant's unit in the RVN (3rd Battalion, 22nd Infantry Regiment) was awarded the PUC for the period 21 March 1967, in Department of the Army General Orders (DAGO) 59, issued in 1968; however, there is no indication the unit was awarded the PUC during the applicant's tenure of assignment (1 April 1967 through 10 March 1968).
6. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit
for at least 30 consecutive days of the period cited. An individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the PUC should be added to the list of awards contained in item 24 of his DD Form 214 was carefully considered. However, by regulation only members assigned to the unit during the period for which the PUC is awarded are authorized the award permanently. Members who were not assigned to the unit at the time of award may temporarily wear the PUC while they are assigned to the unit.
2. The evidence of record confirms the applicant's unit in the RVN was awarded the PUC for the period 21 March 1967, which was prior to the applicant's arrival to the unit. Although he would have been authorized to wear the award while assigned to the unit, he would not have been authorized the award permanently or to have it added to his record and DD form 214. Therefore, there is an insufficient evidentiary basis to support granting the applicant's requested relief.
3. The applicant and all others concerned should know that this action related to award of the PUC 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) AR20090013675
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