IN THE CASE OF:
BOARD DATE: 27 June 2014
DOCKET NUMBER: AR20130018679
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 Presidential Unit Citation.
2. The applicant states the Presidential Unit Citation was awarded to the 1st Cavalry Division for the Pleiku campaign. He was assigned to the 1st Cavalry Division from 23 October to 26 November 1965, serving with Headquarters and Headquarters Company, Support Command.
3. The applicant provides a letter from the 1st Cavalry Division Association.
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 24 June 1963 and he was initially trained in and held military occupational specialty 71B (Clerk Typist).
3. He served in Vietnam from on or about 17 August 1965 to on or about 9 June 1966. He was assigned to Headquarters and Headquarters Company and Band, 1st Cavalry Division (Airmobile) Support Command.
4. He was honorably released from active duty on 9 June 1966. His DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), dated
9 March 2009 does not show the Presidential Unit Citation.
5. He provides a letter from the 1st Cavalry Division Association, dated 22 June 2011, informing him that all personnel assigned to the 1st Cavalry Division (Airmobile) during the period 23 October to 26 November 1965 are authorized the Presidential Unit Citation, per Department of the Army General Orders (DAGO) Number 40, dated 1972.
6. 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 shows Headquarters and Headquarters Company and Band, 1st Cavalry Division (Airmobile) Support Command, was cited for award of the Presidential Unit Citation for the period 23 October through 26 November 1965 by DAGO Number 40, dated 1967.
DISCUSSION AND CONCLUSIONS:
GO awarded the applicant's unit in Vietnam the Presidential Unit Citation during his assignment to this unit. Therefore, he is entitled to correction of his DD Form 214 to show this unit 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 adding to his DD Form 214 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) AR20130018679
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130018679
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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