IN THE CASE OF:
BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130017147
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 (Report of Separation from Active Duty) to show award of the Presidential Unit Citation (PUC).
2. The applicant states the citation was issued after his discharge.
3. The applicant provides:
* DD Form 214
* Special Orders Number 344
* PUC Certificate
* PUC Citation
* General Orders Number 25
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 of the United States on 13 July 1967. He served in the Republic of Vietnam from 11 December 1968 to 26 November 1969 with Headquarters, Military Assistance Command, Vietnam, Studies and Observation Group.
3. On 29 April 1971, he was honorably discharged to accept an appointment as a warrant officer. The DD Form 214 he was issued shows he was awarded the:
* Joint Service Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
4. On 30 April 1971, he was appointed a Reserve warrant officer of the Army and entered active duty.
5. His record contains a DA Form 66 (Officer Qualification Record) that shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and Pistol Bar (.38 Caliber).
6. On 24 January 1975, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Standby). His DD Form 214 lists the following awards and decorations:
* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Joint Service Commendation Medal
* 2 Overseas Service Bars
* Army Commendation Medal
* Meritorious Unit Commendation
* Army Good Conduct Medal
7. The applicant provides General Orders Number 25, issued by Headquarters, Department of the Army, dated 8 June 2001, that shows the Military Assistance
Command, Vietnam, Studies and Observation Group was cited for award of the PUC for the period 24 January 1964 to 30 April 1972.
8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the Military Assistance Command, Vietnam, Studies and Observation Group was cited for award of the Meritorious Unit Citation (MUC) for the period 1 November 1968 through 30 June 1970 by Department of the Army General Order Number 51, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant's unit was cited for award of a PUC and MUC during his period of his assignment. Therefore, his record should be corrected to show these unit awards.
2. Evidence shows the applicant qualified for award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and Pistol Bar (.38 Caliber). Therefore, he is entitled to correction of his DD Form 214 to show these badges.
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 to item 26 of his DD Form 214 for the period ending 24 January 1975 the:
* PUC
* MUC
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and Pistol Bar (.38 Caliber)
____________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) AR20130017147
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017147
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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