IN THE CASE OF:
BOARD DATE: 1 April 2010
DOCKET NUMBER: AR20090017291
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 updated to show his award of the Presidential Unit Citation (PUC) and that he be awarded the Cold War Medal.
2. The applicant states that his unit in Vietnam was awarded the PUC in April 2001 and he desires it to be added to his records. He further states that he was issued a Cold War Certificate and desires to be awarded the Cold War Medal.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), copies of pages from a book which include a copy of the PUC, a copy of orders awarding him the Bronze Star Medal and a copy of orders assigning him to Headquarters, Military Assistance Command Vietnam with duty at Studies and Observation Group (SOG).
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 enlisted in the Regular Army on 26 June 1959 and served through a series of continuous reenlistments. He was promoted to the pay grade of E-8 on 13 April 1980 and was retired on 30 June 1986 and was transferred to the Retired List effective 1 July 1986. He had served 27 years and 5 days of total active service.
3. A review of the applicant's official records shows that he served two tours in Vietnam, from 21 May 1968 to 28 May 1969 and 28 January 1971 to 27 January 1972. He was assigned to Headquarters, Military Assistance Command Vietnam with duty at Studies and Observation Group (SOG) effective 3 February 1971 and remained assigned to that unit until his departure in January 1972.
4. On 4 April 2001, the PUC was awarded for extraordinary heroism to the Studies and Observation Group (SOG), Military Assistance Command, Vietnam on Department of the Army General Orders Number 25.
5. The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. Some States, via the National Guard, authorize an award of the Cold War Victory Medal or a ribbon; however, to date the Department of Defense has not authorized the issuance of an official medal. The medal is not authorized for wear on any United States Armed Forces active duty uniform and must be removed from the uniform if called to active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he is entitled to have the PUC entered on his records has been noted and found to have merit.
2. He was assigned to SOG, Military Assistance Command, Vietnam and that unit was awarded the PUC. Accordingly, he is entitled to have that award added to his records.
3. However, there is no official Cold War Medal and thus the applicant is not entitled to have such an award added to his records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 his last DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of a Cold War Medal.
3. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20090017291
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ABCMR Record of Proceedings (cont) AR20090017291
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