RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 August 2007 DOCKET NUMBER: AR20070003264 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. Bernard P. Ingold Chairperson Mr. Thomas M. Ray Member Mr. Gerald J. Purcell Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Presidential Unit Citation for his service in the Republic of Vietnam. 2. The applicant states, in effect, that his unit was awarded this citation but it is not shown on his DD Form 214. 3. The applicant provides a copy of his DD Form 214, as previously corrected by DD Form 215 (Correction to 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. On 17 July 1967, the applicant enlisted in the Regular Army for 3 years. He completed his initial training, to include the Basic Airborne Course, and was awarded military occupational specialty 11B1P 3. On 4 September 1968, the applicant was assigned for duty as a senior field radio operator with the Special Operations Augmentation, Command and Control Center, 5th Special Forces Group, 1st Special Forces, in the Republic of Vietnam. 4. The applicant was promoted to the rank of specialist five, pay grade E5, on 19 February 1969, and to staff sergeant, pay grade E6, on 10 October 1969. 5. On 1 November 1969, the applicant was medically evacuated from the Republic of Vietnam, to the United States Army Hospital, Fort Campbell, Kentucky. 6. On 28 September 1970, the applicant was permanently retired by reason of physical disability. He had completed 3 years, 2 months, and 12 days of creditable active duty. 7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the Silver Star, Purple Heart (three awards), Bronze Star Medal with “V” Device and three Oak Leaf Clusters, Air Medal, Army Commendation Medal with “V” Device and one Oak Leaf Cluster, National Defense Service Medal, Good Conduct Medal, Meritorious Unit Commendation, Vietnam Service Medal with five bronze service stars, Combat Infantryman Badge, Special Forces Tab, Parachutist Badge, Expert Marksmanship Qualification Badge with Automatic Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Campaign Medal with “1960-“ Device. It does not show award of the Presidential Unit Citation. 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication does not show that the Special Operations Augmentation, Command and Control Center, 5th Special Forces Group, 1st Special Forces, during the time of the applicant's assignment, was cited in Department of the Army General Orders for award of the Presidential Unit Citation (PUC). [The 5th Special Forces Group was awarded the PUC, prior to the applicant's arrival, for the period from 1 November 1967 to 31 January 1968.] DISCUSSION AND CONCLUSIONS: There is no evidence of record showing that the applicant’s unit was cited in general orders for award of the Presidential Unit Citation during the period of his assignment. Therefore, his request should not be granted. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __BPI___ __GJP___ __TMR__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that 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. _ _Bernard P. Ingold____ CHAIRPERSON INDEX CASE ID AR20070003264 SUFFIX RECON DATE BOARDED 20070830 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 107 2. 3. 4. 5. 6.