BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20120018872
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 (Certificate of Release or Discharge from Active Duty), for the period ending 27 May 1986, to show he was awarded or authorized the Special Forces Tab and the Presidential Unit Citation.
2. The applicant states:
* there was no error or injustice; however, his records should accurately reflect his service
* there is no excuse why his DD Form 214 does not list the Special Forces Tab it was omitted when the form was prepared
* the Presidential Unit Citation was awarded 15 years after he retired, so it could not have been added at the time his DD Form 214 was prepared
3. He provides:
* Permanent Orders 5-52, issued by the U.S. Army John F. Kennedy Special Warfare Center, Fort Bragg, NC, dated 11 January 1984
* a letter from Headquarters, U.S. Army Special Operations Command, Fort Bragg, NC, dated 1 March 2001
* a memorandum from the U.S. Total Army Personnel Command, Alexandria, VA, dated 12 October 2000
* award citation for the Presidential Unit Citation
* a copy of the Presidential Unit Citation awarded to the Studies and Observation Group, U.S. Military Assistance Command, Vietnam
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 14 February 1966. He served in numerous positions of increased responsibility, in stateside, overseas, and combat assignments, and attained the rank/grade of staff sergeant (SSG)/E-6.
3. He served in the Republic of Vietnam from on or about 24 September 1968 through on or about 10 July 1969. Based on a review of his records, it appears he was assigned, during this period, to the Training Advisory Group, U.S. Army, Vietnam.
4. He served again in the Republic of Vietnam from on or about 20 October 1969 through on or about 20 December 1970. Based on a review of his records, it appears he was assigned, during this period, to the Special Operations Augmentation, 5th Special Forces Group (Airborne), 1st Special Forces.
5. On 13 August 1974, he was honorably discharged from the Army in the rank/grade of SSG/E-6.
6. On 22 February 1978, he was appointed as a Reserve commissioned officer of the Army, in the rank/grade of second lieutenant/O-1.
7. On 14 July 1978, he entered active duty.
8. On 27 May 1986, he was honorably retired from the Army, in the rank/grade of captain (CPT)/O3, by reason of permanent disability. His DD Form 214 does not show he was awarded or authorized the Special Forces Tab or the Presidential Unit Citation.
9. His record is void of documentation that shows he was assigned to the Studies and Observation Group, U.S. Military Assistance Command, Vietnam.
10. He provides:
a. Permanent Orders 5-52, issued by the U.S. Army John F. Kennedy Special Warfare Center, Fort Bragg, NC, dated 11 January 1984, which show he was awarded the Special Forces Tab effective 11 January 1984.
b. Several documents that show the Presidential Unit Citation was awarded to the Studies and Observation Group, U.S. Military Assistance Command, Vietnam, for extraordinary heroism in military operations against an armed enemy, during the period 24 January 1964 through 30 April 1972.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded him the Special Forces Tab, which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The evidence of record shows the Studies and Observation Group, U.S. Military Assistance Command, Vietnam, was awarded the Presidential Unit Citation for the period 24 January 1964 through 30 April 1972.
3. The evidence of record further shows the applicant served in the Republic of Vietnam on 2 occasions; however, it does not show he served with the Studies and Observation Group. Therefore, barring evidence to the contrary, there is an insufficient basis to grant this portion of the requested relief.
BOARD VOTE:
_________ _________ ______ GRANT FULL RELIEF
___X_____ ___X_____ ___X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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, for the period ending 27 May 1986, to add the Special Forces Tab.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214, for the period ending 27 May 1986, to add 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) AR20120019759
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ABCMR Record of Proceedings (cont) AR20120018872
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