IN THE CASE OF: BOARD DATE: 15 July 2008 DOCKET NUMBER: AR20080008308 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, in effect, that the Presidential Unit Citation (PUC) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states that his company was awarded the PUC for actions from 5 through 10 May 1968, during the time he was serving with the unit. 3. The applicant provides his DD Form 214 and Department of the Army General Orders Number 60, dated 17 October 1969. 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 was inducted into the Army on 14 November 1967. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. The applicant departed the States for Vietnam on 3 May 1968. 4. Headquarters, U. S. Army Vietnam, Transient Detachment, Special Order 128, dated 7 May 1968, further assigned the applicant to the 7th Combat Service Support Transient Battalion. 5. Headquarters, 199th Infantry Brigade, Special Orders Number 130, dated 9 May 1968, paragraph 13, stated that the applicant, from the Replacement Detachment, 7th Support Battalion, 199th Infantry Brigade, was appointed to the rank and grades of Private First Class, E-3. 6. Headquarters, 199th Infantry Brigade, Special Orders Number 130, dated 9 May 1968, paragraph 12, assigned the applicant and a group of others to Company D, 4th Battalion, 12th Infantry, 199th Infantry Brigade, with a report date of 16 May 1968. 7. Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company D, 4th Battalion,12th Infantry, 199th Infantry Brigade, on 16 May 1968. 8. The applicant departed Vietnam on 30 April 1969. 9. Department of the Army General Orders Number 60, dated 17 October 1969, awarded the PUC to Company D, 4th Battalion, 12th Infantry, 199th Infantry Brigade, for extraordinary heroism during the period 5 to 10 May 1968. 10. The applicant was honorably released from active duty on 13 November 1969. The PUC is not listed on his DD Form 214. 11. Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia, and accouterments authorized for wear on the uniform. In pertinent part, it states a Soldier may wear a unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited. A Soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit. DISCUSSION AND CONCLUSIONS: 1. Department of the Army General Orders Number 60, dated 17 October 1969, awarded the PUC to Company D, 4th Battalion, 12th Infantry, 199th Infantry Brigade, for extraordinary heroism during the period 5 to 10 May 1968. 2. However, the evidence of record shows that the applicant was not assigned to Company D, 4th Battalion,12th Infantry, 199th Infantry, until 16 May 1968. Since it appears the applicant is not eligible to wear the PUC as a permanent award, it is not authorized for entry on his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __xx____ __xx____ ___xx___ 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. _ _______xxxxx____________ 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) AR20080008308 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080008308 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1