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ARMY | BCMR | CY2009 | 20090017043
Original file (20090017043.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090017043 


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 the Presidential Unit Citation (PUC) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states his unit was awarded the PUC after his release from active duty (REFRAD).  But he was not aware of the award until recently. 

3.  The applicant provides a self-authored statement, DD Form 214, DA Form 66 (Officer Qualification Record), and Department of the Army General Orders (DAGO) 38, dated 20 July 1971, 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 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 initially enlisted in the Regular Army in the rank of private/E1, on 5 April 1966.  He served on active duty in an enlisted status 10 months and 12 days until he was honorably discharged on
16 February 1967 to accept a commission.

3.  On 17 February 1967, the applicant was appointed a Reserve commissioned officer in the rank of first lieutenant and he was ordered to active duty in this status.  

4.  The applicant’s DA Form 66 shows he served in the Republic of Vietnam (RVN) from 13 September 1967 through 29 August 1968.  Item 38 (Record of Assignments) shows he served in the following units:

	a.  Company B, 3rd Battalion, 12th Infantry from 13 September through
9 December 1967;

	b.  4th Administration Company, 4th Infantry Division from 10 December 1967 through 9 January 1968; and 

	c.  21st Public Information Detachment from 10 January through 28 August 1968.

5.  On 16 February 1969, the applicant was honorably released from active duty (REFRAD) after completing 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Citations, Commendations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal 
* Combat Infantryman Badge
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device 1960
* 2 Overseas Service Bars

6.  On 28 May 2009, the applicant was issued a DD Form 215 amending
item 24 of his DD Form 214 by deleting the VSM and adding the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Vietnam Service Medal with 4 bronze service stars 
* Expert Marksmanship Qualification Badge with Rifle Bar
7.  DAGO Number 38, dated 20 July 1971, awarded the PUC to the 3rd Battalion, 12th Infantry Regiment, for extraordinary heroism in action against a hostile force in Dak To District, Kontum Province, RVN, during the period 29 October through 30 November 1967 while the applicant was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

The applicant's contention of entitlement to the PUC was carefully considered and found to have merit.  The evidence of record confirms the 3rd Battalion, 
12th Infantry Regiment earned the PUC for heroism in the RVN during the period 29 October through 30 November 1967, while the applicant was serving in the unit.  As a result, the PUC should be added to item 24 of his DD Form 214. 

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 
adding the PUC to Item 24 of his DD Form 214.




      _______ _   _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)                                         AR20090017043



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ABCMR Record of Proceedings (cont)                                         AR20090017043


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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