BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110008176 


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 DD Form 214 (Report of Separation from Active Duty) to show award of the Presidential Unit Citation,  Valorous Unit Award, Meritorious Unit Commendation, and U.S. Army  Marksmanship Qualification Badges for the rifle and hand grenade.  In addition, the applicant would like to receive replacement medals. 

2.  The applicant states all Soldiers received marksmanship qualification badges upon completion of training.  He further states that while assigned to his permanent party duty station his unit received the Presidential Unit Citation, Valorous Unit Award, and the Meritorious Unit Commendation. 

3.  The applicant provides a copy of 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 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 20 November 1974.  He  completed basic combat and advanced individual training and was awarded military occupational specialty 13B (Field Artillery Crewman).  

3.  Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows he was assigned to Battery B, 2nd Battalion, 11th Field Artillery Regiment, 25th Infantry Division – Hawaii, on 7 May 1975.

4.  On 17 September 1975, he received an expeditious general discharge under the provisions of Army Regulation 635-200.

5.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 shows no awards.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at the time of discharge shows no awards.

7.  His record is void of any evidence and he has not provided any evidence showing he was either recommended for, obtained qualification for, or awarded an award or decoration at any point in time during his military service.

8.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation 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. 

9.  Army Regulation 600-8-22 states the Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

10.  Army Regulation 600-8-22 states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.

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

12.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

13.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-9 contains guidance on the burden of proof.  It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, and U.S. Army Basic Marksmanship Qualification Badges was carefully considered and determined to lack merit.

2.  His record is void of any evidence and he has not provided any evidence showing he was either recommended for, obtained qualification for, or awarded an award or decoration at any point in time during his military service.  

3.  Based on the applicant’s period of assignment to Battery B, 2nd Battalion, 11th Field Artillery Regiment, 25th Infantry Division – Hawaii, he may have been issued unit awards for temporary wear during his assignment to this unit.  However, the applicant was not present with the unit during the period the unit was cited for its unit awards; therefore, he is not authorized the requested unit awards.  In the absence of evidence to the contrary, there is no basis for granting the requested relief.

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)                                         AR20110008176



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ABCMR Record of Proceedings (cont)                                         AR20110008176



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