IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20110016222
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 that his records be corrected to show he was awarded the Presidential Unit Citation (PUC). He also requests that the medal be replaced.
2. The applicant states he was awarded the PUC in Vietnam while assigned to the 7th Battalion, 13th Artillery and that he lost the medal but he still has the ribbon.
3. The applicant provides no additional documents with his application.
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
17 December 1965. He completed basic training at Fort Knox, Kentucky and advanced individual training as a cannoneer at Fort Sill, Oklahoma. He was transferred to Fort Irwin, California pending activation of the 7th Howitzer Battalion, 13th Artillery Regiment.
3. The applicant was assigned on-the-job training (OJT) as a supply specialist and he was subsequently awarded the military occupational specialty of a supply specialist.
4. On 8 October 1966, he was transferred to Vietnam with his unit and he was advanced to the pay grade of E-4 on 13 November 1966. He departed Vietnam on 21 September 1966 and he was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 9 months, and 9 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Good Conduct Medal, and Vietnam Campaign Medal.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It fails to show that the FSM's unit was awarded a PUC during his assignment to the unit or the PUC for Vietnam. However, his unit was awarded the PUC for DEFENSE OF KOREA.
6. 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. Individuals who were 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was awarded the PUC while in Vietnam has been noted and appears to lack merit. The 13th Artillery Regiment was not awarded a PUC for its service in Vietnam.
2. However, his unit was awarded the PUC for service in Korea and it is common practice that unit awards (ribbons only) be issued to members assigned to the unit to be worn while assigned to the unit only. Once individuals leave the unit they are not allowed to continue to wear the unit award unless they served with the unit when it was earned.
3. Therefore, since there is no evidence to show that the unit was awarded the PUC during the period he served with the unit, there is no basis to add the award of the PUC to his records as a permanent award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20110016222
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ABCMR Record of Proceedings (cont) AR20110016222
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