IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20110000052
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 to his DA Form 201 (Military Personnel Records Jacket) and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Presidential Unit Citation.
2. He states that the Presidential Unit Citation was issued to the 2nd Infantry Division in 2004 for service in Korea from 1965 to 1966. He would like it added to his DA Form 201 and DD Form 214.
3. He provides:
* 1968 DD Form 214
* 2004 DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* Letters from the Korea Defense Veterans of America to the Army Human Resources Command and Army Review Boards Agency
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 of the United States, in pay grade E-1, on 21 January 1965. He completed training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman). He served in Korea-USARPAC (U.S. Army Pacific) from 3 July 1965 through 1 August 1966. He was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion (BN), 38th Infantry (INF).
3. He was discharged from active duty on 17 August 1968. He was credited with completing 3 years, 6 months, and 27 days of net active service and no time lost.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal.
5. On 5 August 1992, a DD Form 215 was issued adding the Expert Marksmanship Qualification Badge with Rifle Bar to his DD Form 214. On
23 August 2004, a DD Form 215 was issued adding the Korea Defense Service Medal to his DD Form 214.
6. He provided a copy of letter from the Korea Defense Veterans of America, dated 20 May 2007, submitted in support of a request for award of the Combat Infantryman Badge. The letter stated that he was an infantryman with HHC,
2nd BN, 23rd INF, 2nd Infantry Division in the Republic of Korea and was present during a firefight in November 1965.
7. A review of the Army Human Resources Command, Awards and Decorations Branch, Unit Awards, website, failed to reveal award of the Presidential Unit Citation in 2004 to the 2nd Infantry Division or 38th Infantry for service in Korea from 1965 to 1966.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not confirm the 2nd Infantry Division or 38th Infantry was cited for award of the Presidential Unit Citation for service in Korea from 1965 to 1966. In the absence of conclusive evidence his unit was awarded the Presidential Unit Citation, there is insufficient evidence to list it on his 201 File and his DD Form 214.
2. In view of the foregoing, there is no basis for granting his 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) AR20110000052
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ABCMR Record of Proceedings (cont) AR20110000052
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