IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130005692
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 the Combat Infantryman Badge (CIB) and the Presidential Unit Citation (PUC).
2. The applicant states he did not receive the CIB or the PUC while attached to Company C, 1st Battalion, 12th Cavalry Regiment during Operation Irving on
2 October 1966.
3. The applicant provides an excerpt of The 1st Cavalry Division in Vietnam [The Book] and a 1st Battalion, 12th Cavalry unofficial unit personnel roster.
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 inducted into the Army on 3 February 1966 and he was awarded military occupational specialty 55B (Ammunition Storage Specialist) upon completion of initial entry training.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 31 (Foreign Service), he served in Vietnam from 3 August 1966 to
2 August 1967.
b. Item 38 (Record of Assignments), he was assigned to the following units while in Vietnam:
* 629th Quartermaster
* 820th Ordnance Company
* 205th Ordnance Platoon
* 630th Ordnance Company
c. Item 41 (Awards and Decorations), does not include the CIB or the PUC.
4. There is no evidence in the applicant's available records that show he was awarded an infantry MOS or that he was assigned or attached to Company C, 1st Battalion, 12th Cavalry Regiment during his service in Vietnam.
5. He was honorably released from active duty on 2 February 1968. His
DD Form 214 does not include the CIB or the PUC as authorized awards.
6. He provides an excerpt of the 1st Cavalry Division in Vietnam [The Book] which provides information on missions/operations the 1st Cavalry Division participated in while in Vietnam and a 1st Battalion, 12th Cavalry unofficial unit personnel roster which includes his name and the following comment as a footnote: "J.A [the applicant] was left off the roster written by Charlie Company after Bird for some unknown reason. It could have been that he had just recently joined Charlie Company and his MOS was not infantry. Charles C. vouches that he did indeed push J.A. out the way of a charging NVA when the fight started."
7. Army Regulation 600-8-22 (Military Awards) states:
a. The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
b. The PUC (known as the Distinguished Unit Citation until 3 November 1966) 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.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet does not show his units of assignment while in Vietnam were awarded the PUC. The PUC was awarded to 1st Battalion, 12th Cavalry on Department of the Army General Orders 47, dated 1968, for the period
2-3 October 1966.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the CIB and the PUC has been carefully considered.
2. There is no evidence showing he was awarded an infantry MOS during his active duty service. Therefore, he is not authorized the CIB.
3. There is also no official evidence indicating his units of assignment while in Vietnam were awarded the PUC or any official evidence indicating he was assigned or attached to Company C, 1st Battalion, 12th Cavalry Regiment during his service in Vietnam. While the sincerity of his claim is not in doubt, there is simply no official evidence, such as reassignment/attachment orders or morning reports, that show he was assigned or attached to this unit. In the absence of such evidence, the documents provided by the applicant are insufficient evidence on which to base correcting his DD Form 214 to show the PUC.
4. Based on the foregoing, there is no basis to grant the 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) AR20130005692
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ABCMR Record of Proceedings (cont) AR20130005692
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