IN THE CASE OF:
BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100018993
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 (Report of Transfer or Discharge) to show the Presidential Unit Citation (PUC).
2. The applicant states the 2nd Battalion, 22nd Infantry was awarded the PUC and this unit citation is not reflected on his DD Form 214 or DD Form 215 (Correction to DD Form 214).
3. The applicant provides:
* documentation from a website documenting the PUC
* his DD Form 214
* his DD Form 215
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 was inducted into the Army of the United States on 14 March 1968. His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 7 March 1969. He served as a light weapons infantryman assigned to Company C, 2nd Battalion, 22nd Infantry in Vietnam from 17 March 1969 until he was wounded in action on 7 April 1969 and on 11 April 1969 and subsequently transferred to the United States on 18 June 1969 for further medical treatment. On 5 December 1969, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.
3. Neither his DD Form 214 nor his DD Form 215 show the PUC as an authorized award.
4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 2nd Battalion, 22nd Infantry, was cited for award of the PUC for actions on 21 March 1967 based on Department of the Army General Orders Number 59, dated 1968.
5. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual
military decorations, Army Good Conduct Medal, service medals and ribbons,
combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. Paragraph 77 (Unit award emblems) states an individual unit award emblem is authorized for wear on the uniform for the PUC, Joint Meritorious Unit Award, Valorous Unit Award, Meritorious Unit Commendation (Army), Air Force Outstanding Unit Award, Air Force Organizational Excellence Award and Army Superior Unit Award. Army Regulation 6701 (Wear and Appearance of Army Uniforms and Insignia) contains information on the temporary and permanent wear of U.S. and foreign unit awards.
6. Army Regulation 670-1 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.
DISCUSSION AND CONCLUSIONS:
The 2nd Battalion, 22nd Infantry was awarded the PUC for actions on 21 March 1967 in Vietnam; however, the applicant was not in Vietnam or assigned to this unit on this date; he served in Vietnam in 1969. Although he was authorized temporary wear of the PUC while he was assigned to this unit in Vietnam he is not entitled to permanent wear or the addition of this unit award on his DD Form 214. Therefore, 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) AR20100018993
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ABCMR Record of Proceedings (cont) AR20100018993
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