BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140008171
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 award of the Presidential Unit Citation.
2. The applicant states, in effect, that while assigned to the 7th Military Police Company in Korea, his unit was awarded the Presidential Unit Citation.
3. The applicant provides no supporting documentation.
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's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the available DD Form 214 (Report of Separation from the Armed Forces of the United States).
3. The applicant served on active duty from 19 November 1951 through 29 October 1953. His DD Form 214 provides the following
* advancement to private first class
* award of the Korean Service Medal with 3 bronze service stars, United Nations Service Medal, National Defense Service Medal
* most significant duty assignment as Detachment G, Headquarters, Military Police Group
4. Army Regulation 15185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). In pertinent part, it states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases based on the evidence of record. It is not an investigative body.
DISCUSSION AND CONCLUSIONS:
1. Without some official record to verify his duty assignment, it is impossible to determine if the applicant was assigned to a unit that was awarded the Presidential Unit Citation.
2. Therefore, there is insufficient evidence 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) AR20140008171
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140008171
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140004941
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. His records contain a DA Form 20 (Enlisted Qualification Record) that shows he served in the Republic of Vietnam with the 527th Military Police Company from 21 February 1967 to 12 February 1968. As a result, the Board recommends that all...
ARMY | BCMR | CY2010 | 20100017349
Army Regulation 600-8-22 also states that the Global War on Terrorism Service Medal, established by Executive Order 13289, is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined. Therefore, his records should be corrected to show this award. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2013 | 20130018378
A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal and b. adding to his DD Form 214 the: * Vietnam Service Medal with three bronze...
ARMY | BCMR | CY2008 | 20080014103
The applicant provides a copy of his DD Form 214; orders for two awards of the Army Achievement Medal; orders for two awards of the Army Commendation Medal; orders for the Driver and Mechanic Badge with Driver-W Bar, the Good Conduct Medal, and the Joint Service Achievement Medal; a citation for the Presidential Unit Citation; service personnel records; and certificates of training and achievement, in support of his application. The applicant responded on 7 November 2008 and requested that...
ARMY | BCMR | CY2011 | 20110011899
The applicant, the son of a deceased former service member (FSM), requests correction of the FSM's record to show he served in the Pacific theater of operations (PTO) during his World War II service and to show the following awards based on his service in the PTO: Asiatic-Pacific Campaign Medal, Philippine Liberation Ribbon, and Philippine Republic Presidential Unit Citation. The applicant states, in effect, two Army records show the FSM served in the PTO, but his WD AGO Form 53-55...
ARMY | BCMR | CY2008 | 20080013886
The applicant's contention that his unit was awarded the Presidential Unit Citation and he was awarded the Joint Service Achievement Medal was carefully considered. However, he did not provide any evidence which shows his unit was awarded the Presidential Unit Citation or that he was awarded the Joint Service Achievement Medal. Absent any evidence that he met the eligibility requirements for any of these awards, or that he or his unit was awarded them by proper authority while serving on...
ARMY | BCMR | CY2011 | 20110015103
The applicant requests correction of item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Pistol Bar (.45 Caliber), Machine Gun Bar (M-60), and Shot Gun Bar * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with two or three bronze...
ARMY | BCMR | CY2010 | 20100014316
There is no evidence in the applicant's military personnel records that shows he was awarded the Global War on Terrorism Expeditionary Medal or Iraq Campaign Medal. The evidence of record shows the applicant's unit was awarded the Presidential Unit Citation (Navy) for actions in Operation Iraqi Freedom Therefore, it would be appropriate to correct the applicant's DD Form 214 to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080010475
The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Purple Heart, Army Commendation Medal, Presidential Unit Citation, and the Combat Action Badge. It does not show award of the Purple Heart, Army Commendation Medal, Presidential Unit Citation, or the Combat Action Badge. However, if the applicant has, or is able to obtain, orders or other substantiating documentation, showing he was awarded the Purple Heart or...
ARMY | BCMR | CY2012 | 20120003730
The applicant requests a DD Form 215 (Correction to DD Form 214) be issued awarding him the following: * Republic of Vietnam Wound Medal * Vietnam Presidential Unit Citation * Tet Campaign Commemorative Medal * any awards and decorations to which he is entitled 2. His DD Form 214 shows he was awarded the following: * Purple Heart * Vietnam Service Medal * Combat Infantryman Badge * National Defense Service Medal * Vietnam Campaign Medal with Device (1960) 7. The applicant's request for...