IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140008729
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 the removal of the Presidential Unit Citation (PUC) from his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was never awarded the PUC and has attempted on at least three previous occasions to have it removed. He desires to have his records correct.
3. The applicant provides no additional documents with his application.
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 10 December 1964. He completed his training and served as a Special Forces Infantryman through a series of continuous reenlistments. He served three tours in Vietnam and one tour in Japan and was promoted to the pay grade of E-8 on 1 August 1983.
3. On 27 June 1984, he was honorably discharged for the purpose of accepting appointment as a warrant officer.
4. On 28 June 1984, he was appointed as a U.S. Army Reserve Chief Warrant Officer Two (CW2) with a concurrent call to active duty. He remained on active duty until he was retired by reason of length of service on 30 June 1990. He had served 25 years, 6 months and 21 days of active service. His DD Form 214 issued at the time of his retirement reflects that he was awarded the Army Service Ribbon, Bronze Star Medal with four oak leaf clusters (OLC) and V Device, Purple Heart, Meritorious Service Medal with 1OLC, Army Achievement Medal with 3OLC, Presidential Unit Citation, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with one silver and two bronze service stars, Overseas Service Ribbon with numeral 2, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Master Parachutist Badge, and Legion of Merit.
5. A review of the applicants official records failed to reveal any evidence to show that the units the applicant served in were awarded the PUC during the periods he served with the units. It is noted that the applicant was serving with the 5th Special Forces Group at the time he retired and that unit was awarded the PUC; however, not during the time he served with the unit.
6. Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation 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. Individuals who are assigned to a unit during the period it is awarded the PUC may wear the PUC as a permanent award.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the award of the PUC should be deleted from his records has been noted and appears to have merit.
2. While the applicant did serve three tours in Vietnam, none of the units he served with were awarded the PUC during the period he served with the units.
3. Accordingly, the applicant is not authorized the PUC and it should be deleted from his DD Form 214.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 deleting the award of the Presidential Unit Commendation Medal from his DD Form 214 for the period ending 30 June 1990.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20140008729
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ABCMR Record of Proceedings (cont) AR20140008729
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