IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100018661 


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 record to show the awards his unit earned when he was in the Republic of Vietnam (RVN) to include the Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC), and the Combat Action Badge (CAB).

2.  He states, in effect, he served with the 4th Engineer Battalion, 4th Infantry Division, and the unit received the PUC and the MUC.  He states he was given the awards, lost them, and would like to have them again.  

3.  He provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a newspaper article.

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 enlisted in the Regular Army on 22 April 1968.  After completing initial entry training, he was awarded military occupational specialty 51N (Water Supply Specialist).  He was honorably discharged on 18 June 1971 after completing 3 years of total active military service. 

3.  A DA Form 20 (Enlisted Qualification Record) shows from 1 October 1968 to 29 August 1969 he served in the RVN while assigned to Headquarters and Headquarters Company, 4th Engineer Battalion, 4th Infantry Division.  

4.  The record is void of documentation showing he received any unit awards.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet does not show his unit was awarded the PUC or MUC during his period of service.  Prior to his service, the unit received the MUC for the period 13 October 1967 to 15 July 1968, as confirmed by DAGO 42, dated 1968.  DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists awards received by units during World War II and the Korean War.  This pamphlet shows the 4th Engineer Battalion received the PUC for service during World War II from 6 November to 7 December 1944.

6.  Department of the Army Pamphlet 672-3 shows that during his service in the RVN, the 4th Engineer Battalion was cited for the following awards:

* RVN Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969, as confirmed by Department of the Army General Order (DAGO) 3, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 69, as confirmed by DAGO 53, dated 1970

7.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) 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.

8.  Army Regulation 600-8-22 (Military Awards) states award of the CAB is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his record to show the PUC, MUC, or CAB.

2.  During his assignment to the 4th Engineer Battalion, the applicant was authorized temporary wear of the MUC and the PUC.  However, because he had not served with the unit during the periods recognized by these awards, he was not authorized permanent award of these decorations.  Therefore, he is not entitled to correction of his record to show he received the MUC or PUC. 

3.  He did serve with the 4th Engineer Battalion during periods for which the unit received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  He is entitled to correction of his record to show these awards.

4.  He served prior to the period of eligibility for the CAB.  Therefore, he is not entitled to correction of his record to show this award.

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 RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation to item 24 of his 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 the PUC, MUC, and CAB.  




      __________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)                                         AR20100018661



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ABCMR Record of Proceedings (cont)                                         AR20100018661



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