IN THE CASE OF:
BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100009768
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.
2. The applicant states the following:
* He is entitled to the Presidential Unit Citation
* He was presented the Presidential Unit Citation in 1975
* His DD Form 214 does not show this award
* He was assigned to Company A, 1st Battalion, 32nd Armor in Germany
3. The applicant provides a self-authored statement, a copy of his DD Form 214, and two personal photographs 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 enlisted in the Regular Army on 24 April 1974. He served in Germany from October 1974 to April 1976 with Company A, 1st Battalion, 32nd Armor.
3. The applicants service record does not contain orders or a memorandum which authorize award of the Presidential Unit Citation to Company A, 1st Battalion, 32nd Armor.
4. The applicant was released from active duty on 22 April 1976. His DD Form 214 does not show entitlement to the Presidential Unit Citation.
5. The applicant submitted a self-authored statement in support of his claim. He stated he believes he was awarded the Presidential Unit Citation along with the rest of his company and he provided two photographs which show him wearing the Presidential Unit Citation and other awards.
6. Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.
7. Unit awards listed on the Awards and Decorations website have been approved and/or will be announced in Department of the Army General Orders (DAGO). In accordance with paragraph 7-8c of Army Regulation 600-8-22, Personnel Service Battalions, Military Personnel Divisions and Branch Managers may use listings obtained from this site to update Soldiers records. The Awards and Decorations website does not contain DAGOs which show Company A, 1st Battalion, 32nd Armor was awarded the Presidential Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is entitled to the Presidential Unit Citation and was presented this award in 1975. However, the evidence of record does not substantiate his claim.
2. The evidence of record shows the applicant was assigned to Company A, 1st Battalion, 32nd Armor in Germany from October 1974 to April 1976. However, the applicants service record and the Awards and Decorations website do not include orders which show this unit received the Presidential Unit Citation.
3. Absent orders authorizing Company A, 1st Battalion, 32nd Armor award of the President Unit Citation, there is insufficient evidence to support correction of his DD Form 214 to show award of the Presidential Unit Citation.
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) AR20100009768
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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