BOARD DATE: 18 April 2013
DOCKET NUMBER: AR20120018232
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Presidential Unit Citation (PUC).
2. The applicant states the 1st Brigade, 4th Infantry Division was awarded the PUC for action from 18-26 May 1967.
3. The applicant provides:
* his DD Form 214
* a DD Form 215 (Correction to DD Form 214)
* Department of the Army General Orders (DAGO) 69, dated 7 November 1969
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 3 October 1966. He successfully completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant was assigned to A Company, 1st Battalion, 8th Infantry, 4th Infantry Division, in the Republic of Vietnam (RVN) on 3 April 1967. On
11 March 1968, he departed the RVN.
4. On 2 October 1968, the applicant was honorably released from active duty. His DD Form 214, as amended by a DD Form 215, does not show the PUC.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicants assignment to the 1st Battalion, 8th Infantry, it was cited for award of the PUC during the period 18 May 1967 through 26 May 1967 based on DAGO 69, dated 1969.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows at the time he was assigned to the 1st Battalion, 8th Infantry it was awarded the PUC. Therefore, his DD Form 214 should be amended to add this award.
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 amending his DD Form 214 to show award of the Presidential Unit Citation.
_______ _ 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) AR20120018232
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ABCMR Record of Proceedings (cont) AR20120018232
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