IN THE CASE OF:
BOARD DATE: 24 July 2008
DOCKET NUMBER: AR20080002342
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 his records be corrected to show the award of the Unit Valor Award [sic Valorous Unit Award].
2. The applicant states, in effect, the paperwork for the Valorous Unit Award was lost in 1969. His records should be corrected to show the Valorous Unit Award.
3. The applicant provides a copy of his separation document (DD Form 214); a Newsletter from the 19th Combat Engineer Battalion Association, Seahorse News, dated 24 August 2006; and an extract of his DA Form 20 (Enlisted Qualification Record).
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 applicants 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 applicants 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 military personnel record shows he enlisted in the Regular Army on 6 October 1967. He completed the necessary training and was awarded the military occupational specialty (MOS) 64B (Heavy Vehicle Driver).
3. The applicant served with the 70th Engineer Company (Combat) and Company C, 19th Engineer Battalion (C) (A), in the Republic of Vietnam during the period of 17 March 1968 to 31 January 1969.
4. He was honorably separated from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri on
30 September 1970. He completed 2 years, 11 months, and 25 days of Net Service This Period.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, two Overseas Service Bars, Driver Badge, and Expert Marksmanship Qualification Badge with Rifle Bars (M-16 and M-14). However, it does not show the award of the Valorous Unit Award.
6. The Newsletter from the 19th Combat Engineer Battalion Association, Seahorse News that was submitted by the applicant's state representative is a recommendation for the award of the Valorous Unit Award addressed to the U.S. Human Resources Command.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.
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 document shows the unit, to which the applicant was assigned the 70th Engineer Company (Combat) and Company C, 19th Engineer Battalion (C) (A), was not cited for award of the Valorous Unit Award or Meritorious Unit Commendation during the period of 17 March 1968 to
31 January 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show the award of the Valorous Unit Award.
2. The evidence shows that the units to which the applicant was assigned, the
70th Engineer Company (Combat) and Company C, 19th Engineer Battalion (C) (A), were not cited for award of the Valorous Unit Award during the period of
17 March 1968 to 31 January 1969. Therefore, he is not entitled to correction of his records to show the Valorous Unit Award.
3. While the Valorous Unit Award had been recommended for the applicant's unit, it evidently was not approved.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms
_ _______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) AR20080002342
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