IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140015711
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the Philippine Presidential Unit Citation.
2. The applicant states that the Philippine Presidential Unit Citation was awarded to his unit after the unit returned from Honduras in 1986; however, it was not added to his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 26 August 1982 for a period of 4 years and training as a watercraft operator. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training at Fort Eustis, Virginia and remained at Fort Eustis for his first and only assignment with the 331st Transportation Company.
3. On 25 June 1986, he was honorably released from active duty (REFRAD) under the Fiscal Year 1986 Early Release Program. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Service Ribbon, Army Achievement Medal and Good Conduct Medal.
4. A review of the lineage and honors for the 331st Transportation Company shows that the Philippine Presidential Unit Citation was awarded for the period 17 October 1944 to 4 July 1945.
5. Army Regulation 600-8-22 (Military Awards) states the Philippine Republic Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 to 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive. Not more than one Philippine Republic Presidential Unit Citation will be worn by an individual and no oak leaf cluster or other appurtenance is authorized.
6. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states an individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.
7. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect the award of the Philippine Presidential Unit Citation has been noted and appears to lack merit.
2. While his unit was awarded the Philippine Presidential Unit Citation, it was not for the period the applicant served with the unit.
3. Accordingly, he was only authorized to wear that award while he was assigned to the unit and is not authorized the award as a permanent award.
4. Therefore, there appears to be no basis to grant the applicants request.
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) AR20140015711
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ABCMR Record of Proceedings (cont) AR20140015711
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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