IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110011639 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Presidential Unit Citation (PUC).

2.  The applicant states when he was assigned to the 101st Airborne Division, he received the PUC because the unit was awarded it during World War II.  It was passed on to him and others because they were in the unit.  He remembers wearing it on his uniform before he went to Vietnam.

3.  The applicant did not provide any additional evidence.

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 was born on 10 March 1948.  He enlisted in the Regular Army on 28 June 1966.  He completed training and he was awarded military occupational specialty 11C (Indirect Fire Crewman).  He was initially reassigned to the 1st Battalion, 506th Infantry, Fort Campbell, KY on 13 December 1966.

3.  He subsequently served in Vietnam from 19 July 1967 to 21 March 1968.  He was assigned to Troop A, 2nd Squadron, 17th Cavalry, 1st Brigade,
101st Airborne Division.

4.  He was honorably released from active duty on 16 September 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation emblems, and occupation duty credit for World War II and the Korean War.  This pamphlet shows the 101st Airborne Division (less 2nd Battalion, 401st Glider Infantry Regiment), was awarded the PUC for service from 18-27 December 1944 by General Orders Number 17, dated 1945.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict (and other conflicts).  This pamphlet shows Troop A, 2nd Squadron, 17th Cavalry, was awarded the PUC for service from 2 to 20 June 1966 by Department of the Army General Orders Number 59, dated 1968

7.  Army Regulation 670-1 (Wear and Appearance of Army Uniform and Insignia) prescribes Department of the Army policy for proper wear and appearance of 

Army uniforms and insignia, as worn by officers and enlisted personnel of the active and reserve components of the Army, as well as by former Soldiers.  Table 29-1 provides for the authority for wear of U.S. unit awards.  It states the PUC is authorized for either permanent or temporary wear.

	a.  A Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or who was attached by competent orders to, and present for duty with the unit during the entire period, or for at least 30 consecutive days of the period cited.  When a Soldier is permanently awarded a unit award and is subsequently assigned to a unit that has received the same unit award, the Soldier will wear the permanent award in lieu of the temporary unit award.  

	b.  A Soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.  Soldiers may wear the unit award only while assigned to the cited unit.

DISCUSSION AND CONCLUSIONS:

1.  A Soldier may wear the PUC permanently if he or she was assigned to, and present for duty with the unit at any time during the period cited; or who was attached by competent orders to, and present for duty with the unit during the entire period, or for at least 30 consecutive days of the period cited.  A Soldier may wear the PUC temporarily if he or she was not present with the unit during the period cited but was subsequently assigned to the unit.

2.  The applicant states the 101st Airborne Division was awarded the PUC during World War II and that it was passed on to him because he was in the unit.  He could not have been in the unit at the time because he was born after World War II had ended.  However, it appears he was authorized the temporary wear of the PUC by virtue of his assignment to the 101st Airborne Division at Fort Campbell.

3.  Furthermore, he served in Vietnam with Troop A, 2nd Squadron,
17th Cavalry, from 19 July 1967 to 21 March 1968.  Evidence shows his unit was cited for award of the PUC from 2 June to 20 June 1966.  Again, since he was not assigned to or present for duty with this unit at the time, he was authorized the temporary wear of the PUC as long as he was assigned to this unit.

4.  In view of the foregoing, there is no basis for granting the applicant 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)                                         AR20110011639



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ABCMR Record of Proceedings (cont)                                         AR20110011639



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