IN THE CASE OF: BOARD DATE: 16 December 2010 DOCKET NUMBER: AR20100015047 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Valorous Unit Award. 2. He states, in effect, he believes he is entitled to this unit award after browsing through a catalog which contained a description of the medal. 3. He provides a copy of his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty). 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. His records show he was inducted into the Army of the United States on 3 November 1966. He completed the training requirements and he was awarded military occupational specialty 11B (Light Weapons Infantryman). He also completed the Basic Airborne and Pathfinder Courses. 3. His records show he served in the Republic of Vietnam (RVN) from 21 October 1967 to 14 October 1968. He was assigned to Company B, 2nd Battalion (Airborne), 327th Infantry, 101st Airborne Division. 4. He was honorably released from active duty on 19 October 1968 after completing 1 year, 11 months, and 17 days of creditable active service with no lost time. He was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal * RVN Campaign Medal with Device 1960 * Army Commendation Medal 6. A copy of his DD Form 215 shows the Vietnam Service Medal was deleted and the following awards were added to item 24 of his DD Form 214: * Bronze Star Medal * Vietnam Service Medal with four bronze service stars * Army Good Conduct Medal * Parachutist Badge * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Automatic Rifle and Machine Gun Bars 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that 2nd Battalion, 327th Infantry was awarded the Valorous Unit Award for the period 17 January to 25 March 1966, based on Department of the Army General Orders Number 1, dated 1969. DISCUSSION AND CONCLUSIONS: 1. The applicant’s request for correction of his DD Form 214 to show the Valorous Unit Award was carefully considered; however, it is not supported by the evidence of record. 2. Contrary to his assertions, the evidence shows he served with Company B, 327th Infantry during the period 21 October 1967 to 20 October 1968 which was clearly outside of the period in which this unit was awarded the Valorous Unit Award. 3. In view of the foregoing, there is no basis to grant the requested relief. 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) AR20100015047 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100015047 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1