IN THE CASE OF:
BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120004645
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 the award of the Presidential Unit Citation (PUC).
2. The applicant states that he served as the squadron surgeon for the 3d Squadron, 2d Armored Cavalry Regiment during the period the unit was awarded the PUC and he desires his records to be updated because he is still in an active status.
3. The applicant provides a copy of a memorandum for record published by Headquarters, 1st Armored Division indicating that the 3d Squadron, 2d Armored Cavalry Regiment was awarded the PUC for the period of 8 April 2003 to 15 June 2004, a copy of his Army Commendation Medal (ARCOM) Certificate, a copy of orders awarding him the Combat Medical Badge (CMB), a copy of a clearance memorandum, and a copy of a letter from the National Personnel Records Center indicating that there was no evidence of his being awarded the PUC.
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 serving on active duty as a Medical Corps captain and squadron surgeon and deployed to Iraq with 3d Squadron, 2d Armored Cavalry Regiment from 18 March to 1 July 2003 when the 2d Armored Cavalry Regiment was awarded the PUC for the period 6 April 2003 to 15 June 2004. He was also awarded the ARCOM and the CMB during that deployment.
3. On 31 October 2003 the applicant was honorably discharged for miscellaneous/general reasons. His DD Form 214 issued at the time of his REFRAD does not reflect the award of the PUC.
4. Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (PUC) 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. Individuals serving with the unit wear the unit when the unit earns the award wear it as a permanent award. Individuals who are assigned to the unit but were not serving with the unit when it was earned only wear it as a temporary award during the period of assignment to the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant was serving in Iraq with the 3rd Squadron, 2d Armored Cavalry Regiment when it earned the award of the PUC.
2. Accordingly, he is entitled to have the PUC added to his DD Form 214.
BOARD VOTE:
___X ___ ___X____ ___X ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the PUC to his DD Form 214.
__________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) AR20120004645
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