BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002582 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ___x_____ __x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002582 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002582 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 Presidential Unit Citation be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 23 December 1969. 2. The applicant states the award was not entered on his DD Form 214. 3. The applicant provides: * a recommendation for award of the Presidential Unit Citation, dated 8 October 1969, from Headquarters, 1st Brigade, 101st Airborne Division (Airmobile) * an undated list of Soldiers 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 16 January 1967, the applicant enlisted in the Regular Army (RA) for 3 years. He completed basic combat and advanced individual training and was awarded military occupation specialty (MOS) 11B (Light Weapons Infantryman). 3. On 24 July 1967, the applicant was assigned to Company C, 2nd Battalion (Airborne), 327th Infantry, 1st Brigade, 101st Airborne Division in the Republic of Vietnam. He returned from the Republic of Vietnam on 12 July 1968. 4. The applicant provided a memorandum, dated 8 October 1969, from Headquarters, 1st Brigade, 101st Airborne Division (Airmobile) to the Commanding General, 101st Airborne Division (Airmobile), subject: Recommendation for Award of the Presidential Unit Citation. The memorandum recommended the 1st Brigade, 101st Airborne Division, and attached units for award of the Presidential Unit Citation for the period 11 May to 25 November 1967. 5. The applicant provided an undated list of names but there is no indication as to what the list refers to. 6. On 23 December 1969, the applicant was released from active duty by reason of early separation to attend school. He completed 2 years, 11 months, and 8 days of active service that was characterized as honorable. His DD Form 214 does not show he is authorized the Presidential Unit Citation. REFERENCES: Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. This document shows Company C, 2nd Battalion, 327th Infantry was awarded the Presidential Unit Citation for the period 19 - 22 June 1966 by Department of the Army Order 73, 1968. The pamphlet does not show the applicant's unit was awarded the Presidential Unit Citation during the period he was assigned. DISCUSSION: 1. The memorandum, dated 8 October 1969, submitted by the applicant is only the recommendation for the award of the Presidential Unit Citation to the 1st Brigade, 101st Airborne Division, for the period 11 May to 25 November 1967. There is no evidence this recommendation was approved. 2. DA Pamphlet 672-3 shows the applicant's unit was awarded the Presidential Unit Citation for the period 19 - 22 June 1966. However, the applicant did not enlist in the RA until 16 January 1967 and he was assigned to his Vietnam unit on 24 July 1967. Unit awards are only authorized for permanent wear by Soldiers assigned to the unit during the period for the award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002582 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002582 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2