BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100010234 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Valorous Unit Award and the Combat Engineer Badge.

2.  The applicant states he was assigned to the 25th Infantry Division from November 1967 through 23 February 1968 as a combat engineer and the unit received the Valorous Unit Award on 17 March 1970; however, it is not reflected on his DD Form 214.  Further, he would like to be awarded the Combat Engineer Badge.

3.  The applicant provides a Wikepedia definition of the Valorous Unit Award 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 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 record shows he was inducted into the Army of the United States on 
11 August 1966.  He was trained in and awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).  He was honorably released from active duty on 9 August 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served a tour of duty in the Republic of Vietnam from the period of 
28 December 1966 through 27 December 1967.  He was assigned to the 104th Engineer Company (Dump Truck) and attached to the 588th Engineer Battalion (Combat) (Army).

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, National Defense Service Medal, Good Conduct Medal, 1 year Safe Driver Badge with Bar, and Expert Marksmanship Qualification Badge (Rifle).

5.  Headquarters, United States Army Vietnam, General Orders Number 701, dated 17 March 1970, awarded the 588th Engineer Battalion and attached units the Valorous Unit Award for the period from 18 November 1967 through 23 February 1968.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the applicant's unit was cited for the following awards:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period of 1 January 1966 through 31 August 1968 based on Department of the Army General Orders Number 48, dated 1971;
   
   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period of 3 August 1967 through 9 February 1970 by Department of the Army General Orders Number 43, dated 1970; and
   


   c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period of 23 November 1967 through 14 February 1969 by Department of the Army General Orders Number 8, dated 1974.

7.  Army Regulation 600-8-22 (Military Awards) does not recognize the Combat Engineer Badge as an official skill or combat badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Valorous Unit Award and the Combat Engineer Badge.

2.  General orders show his unit was awarded the Valorous Unit Award for actions during his tenure of assignment.  Therefore, he is entitled to have his 
DD Form 214 corrected to show this unit award.

3.  General orders show his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit award.

4.  General orders show his unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on two separate periods for actions during his tenure of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show both of these unit awards.

5.  The Combat Engineer Badge is not an official Army award; therefore, there is no basis to correct his DD Form 214 to show this badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  _____x___  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to item 24 of the applicant's DD Form 214:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show award of the Combat Engineer Badge.




      _______ _   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)                                         AR20100010234



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ABCMR Record of Proceedings (cont)                                         AR20100010234



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