IN THE CASE OF: BOARD DATE: 10 December 2009 DOCKET NUMBER: AR20090012307 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Presidential Unit Citation (PUC). 2. The applicant states that he was awarded the PUC; however, it is not listed on his DD Form 214. He wants to ensure his record accurately reflects his military service. 3. The applicant provides a copy of his DD Form 214, dated 20 April 1983, in support of his request. 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's records show he enlisted in the Regular Army for a period of 3 years on 25 January 1982. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman). 3. The applicant's records also show that subsequent to completion of MOS training, the applicant was reassigned to C Company 1st Battalion, 17th Infantry, Korea. He remained in this unit until he was discharged on 20 April 1983 with an under honorable conditions (general) character of service by reason of alcohol abuse rehabilitation failure. 4. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar. Item 26 does not show award of the PUC. 5. The Awards and Decorations Branch database, Soldier Programs and Services Division, U.S. Army Human Resources Command, lists all approved unit awards. This database shows the 1st Battalion, 17th Infantry, was awarded the Valorous Unit Award for its service from August 2005 to December 2006, a period during which the applicant was not assigned to this unit. However, there is no indication that this unit was awarded the PUC. 6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PUC (known as the Distinguished Unit Citation until 3 November 1966) 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: There is no evidence that during his assignment to the 1st Battalion, 17th Infantry, this unit was awarded the PUC. Additionally, there is no indication in his records that he served with any other unit that was awarded the PUC. Therefore, there is insufficient evidence to award him the PUC or to correct his records to show this award. 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) AR20090012307 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090012307 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1