IN THE CASE OF: BOARD DATE: 17 September 2013 DOCKET NUMBER: AR20130001285 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, the son of a deceased former service member (FSM), requests correction of the FSM's record to show award of the Presidential Unit Citation and Combat Infantryman Badge (CIB). 2. The applicant states the FSM served in the Republic of Vietnam and he was assigned to Company D, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade (Light). The applicant recently learned from the FSM's former company commander that the unit was awarded the Presidential Unit Citation for actions during the period 5 to 10 May 1968 by Department of the Army General Orders (DAGO) Number 60, dated 17 October 1969. 3. The applicant provides: * his Certificate of Live Birth * FSM's Certificate of Death * FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * page 2 of DAGO Number 60 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 requested that the CIB be added to the FSM's DD Form 214. The FSM's DD Form 214 currently shows he was awarded the CIB. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 3. The FSM was inducted into the U.S. Army on 24 August 1967. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 4. Records show the FSM arrived in Vietnam on 13 March 1968. He was assigned to: * Company D, 2nd Battalion, 12th Infantry, 25th Infantry Division, from 13 March 1968 through 6 January 1969 * Headquarters and Headquarters Company, 25th Infantry Division, from 7 January through 10 March 1969 5. On 9 June 1969, the FSM was honorably released from active duty early to attend school. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. The DD Form 214 he was issued at the time does not show the Presidential Unit Citation as an authorized award. 6. A review of the FSM's military personnel record failed to reveal any evidence of award of the Presidential Unit Citation to his unit. 7. A review of DAGO's available online at the Army Publishing Directorate's website (www.apd.army.mil) shows DAGO Number 60, dated 17 October 1969, cited Company D, 4th Battalion (emphasis added), 12th Infantry, 199th Infantry Brigade for award of the Presidential Unit Citation for actions during the period 5 to 10 May 1968. Further review of the same DAGO 60, including page 2, fails to show Company D, 2nd Battalion (emphasis added), 12th Infantry, 199th Infantry Brigade, was awarded the Presidential Unit Citation. 8. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It 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. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the FSM's record should be corrected to show award of the Presidential Unit Citation. 2. Records show the FSM was assigned to Company D, 2nd Battalion (emphasis added), 12th Infantry, 199th Infantry Brigade, from 13 March 1968 through 6 January 1969. a. The evidence of record shows DAGO Number 60, dated 17 October 1969, awarded the Presidential Unit Citation to Company D, 4th Battalion (emphasis added), 12th Infantry, 199th Infantry Brigade, for actions during the period 5 to 10 May 1968. b. There is no evidence of record that shows the FSM was assigned to Company D, 4th Battalion, 12th Infantry, during the period the unit was cited for award of the Presidential Unit Citation. c. There is no evidence that shows the FSM was assigned to a unit that was awarded the Presidential Unit Citation. 3. In view of the foregoing, there is no basis for granting the applicant's requsted relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others to know that the sacrifices the former service member made in service to the United States during the Vietnam Conflict are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _______________________ 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) AR20130001285 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130001285 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1