IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100010776
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 he was awarded the Presidential Unit Citation ribbon at a formation but it wasn't entered on his DD Form 214.
3. The applicant provides his DD Form 214.
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 military records show he was inducted into the Army on 15 April 1966. He was awarded the military occupational specialty of field artillery basic and was promoted to pay grade E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows while he was in the Republic of Vietnam (RVN) he was assigned to Battery A, 6th Battalion, 27th Artillery, during the period 18 December 1966 to 15 December 1967 with his principal duty assignments as cannoneer and recorder.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, and Expert Marksmanship Qualification Badge Rifle M-14.
5. He was honorably released from active duty on 12 April 1968 and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 28 days of creditable active service.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the RVN. This register does not show Battery A, 6th Battalion, 27th Artillery was cited for award of the Presidential Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. While the applicant contends he was given the Presidential Unit Citation ribbon in a formation, the official Army register for this unit award does not show his unit was cited for it. As such, he is not entitled to correction of his records to show this unit award.
2. 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) AR20100010776
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ABCMR Record of Proceedings (cont) AR20100010776
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