IN THE CASE OF:	  

		BOARD DATE:	    28 January 2016

		DOCKET NUMBER:  AR20150005199 


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 Philippine Republic Presidential Unit Citation be added to his DD Form 214 (Report of Separation from Active Duty).

2.  He states that Department of the Army General Orders (DAGO) Number 54, dated 1974, awarded his unit this award subsequent to his departure and discharge.

3.  He provides his hazardous duty orders and an extract from DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).

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.  Having prior enlisted service, the applicant served in the USAR as a commissioned officer from 16 June 1967 until he was honorably released from active duty on 3 December 1973.  His DD Form 214 does not list the Philippine Republic Presidential Unit Citation.

3.  His DA Form 66 (Officer Qualification Record) shows that he performed the duties of the Public Works Utilities Officer while assigned to the 539th Engineer Detachment, Okinawa, Japan, from 19 August 1972 to 9 January 1973.

4.  DAGO Number 11, dated 1973, awarded the Philippine Republic Presidential Unit Citation to designated units of the U.S. Army in recognition of their participation in disaster relief operations in the Republic of the Philippines during the period July and August 1972.  This order was subsequently amended by DAGO Number 54, dated 1974, to include the 539th Engineer Detachment.

DISCUSSION AND CONCLUSIONS:

He was assigned to the 539th Engineer Detachment, Japan, during a period which qualified for the award of the Philippine Republic Presidential Unit Citation.

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 amending his DD Form 214 with a separation date of 3 December 1973 to add the Philippine Republic 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)                                         AR20150005199





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ABCMR Record of Proceedings (cont)                                         AR20150005199



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