IN THE CASE OF:
BOARD DATE: 08 April 2010
DOCKET NUMBER: AR20090015798
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 (Report of Transfer or Discharge) for the period ending 31 July 1969 to show award of the Valorous Unit Award.
2. The applicant states:
* this DD Form 214 does not show the Valorous Unit Award which was awarded to the 1st Battalion, 26th Infantry on 27 October 1967
* he was assigned to the 1st Battalion, 26th Infantry from 1 January 1967 through October 1967
* he participated in Operation Junction City and the Battle of Ap Gu
3. The applicant provides a citation which appears in the book The Blue Spaders at the Battle of Ap Gu by David Puckett in support of his application.
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 enlisted in the Regular Army on 29 September 1947. He remained on active duty through continuous reenlistments. He arrived in Vietnam on 7 January 1967. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 26th Infantry, 1st Infantry Division in Vietnam from 17 January 1967 to November 1967. He was assigned to the
1st Administration Company, 1st Infantry Division in Vietnam from November 1967 to 2 January 1968. On 31 July 1969, the applicant retired in the rank of sergeant first class (SFC).
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 11 December 1968 shows the Good Conduct Medal (4 awards), National Defense Service Medal, Combat Infantryman Badge, Army of Occupation Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, Air Medal, Bronze Star Medal with First Oak Leaf Cluster, and the Army Commendation Medal as authorized awards.
4. The applicant's DD Form 214 for the period ending 31 July 1969 shows the National Defense Service Medal with Oak Leaf Cluster and the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the 1st Battalion, 26th Infantry was awarded the Valorous Unit Award for actions on 1 April 1967 based on Department of the Army General Orders (DAGO) 37, dated 1970.
6. Department of the Army Pamphlet 672-3 also shows the 1st Battalion,
26th Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 - 7 April 1970 based on DAGO 53, dated 1970.
7. A DD Form 215 (Correction to DD Form 214), dated 25 October 2007, amended the applicant's DD Form 214 for the period ending 11 December 1968 by adding the following awards:
* Meritorious Unit Commendation
* Army Commendation Medal with First Oak Leaf Cluster
* Korea Defense Service Medal
* Vietnam Service Medal with two bronze service stars
DISCUSSION AND CONCLUSIONS:
The applicant's unit (1st Battalion, 26th Infantry) was cited for award of the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it in Vietnam. Therefore, his DD Form 214 for the period ending 31 July 1969 should be corrected to show these unit awards.
BOARD VOTE:
___X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 for the period ending 31 July 1969 the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
__________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) AR20090015798
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ABCMR Record of Proceedings (cont) AR20090015798
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