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 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. 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 applicants 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
ARMY | BCMR | CY2010 | 20100010989
The applicant provides the following: * A copy of a social security card * A copy of Department of the Army General Orders (DAGO) Number 8320, dated 25 October 1968, Headquarters, 101st Airborne Division, for award of the Bronze Star Medal and certificate * A copy of a 101st Airborne Division Citation for award of the Army Commendation Medal * A copy of a Purple Heart certificate * A copy of his DD Form 214, dated 26 January 1971 * A copy of a DD Form 215 (Correction to DD Form 214), dated 2...
ARMY | BCMR | CY2011 | 20110002894
The applicant states the Board's previous denial of his request was based on the absence of evidence showing he held an infantry military occupational specialty (MOS). Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090015430 on 18 March 2010. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080018796
IN THE CASE OF: BOARD DATE: 23 July 2009 DOCKET NUMBER: AR20080018796 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's DA Form 20 (Enlisted Qualification Record) shows that he served in the Republic of Vietnam (RVN) from 30 October 1967 through 7 July 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the PH for being wounded in action in the RVN on 22 May 1968; b. awarding...
ARMY | BCMR | CY2011 | 20110007914
This pamphlet shows that at the time of the applicant's assignment to the 2nd Battalion (Airborne), 327th Infantry, it was cited for award of the Meritorious Unit Commendation during the period 29 July 1965 through 1 October 1966 based on Department of the Army General Orders (DAGO) 17, dated 1968. Evidence of record shows the applicant was assigned to HHC, 2nd Battalion (Airborne), 327th Infantry, 101st Airborne Division, APO 96347 USARV. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090015808
The applicant contends that his records should be corrected to show award of the Purple Heart because he was wounded in action in the RVN, but the award is not recorded on his DD Form 214. Records show that: a. a U.S. Army Vietnam casualty message and Western Union telegram confirmed the applicant was wounded in action in the RVN on 10 December 1968, b. item 40 of his DA Form 20 shows he sustained fragment wounds to his right arm on 10 December 1968, c. The Adjutant General's Office Vietnam...
ARMY | BCMR | CY2008 | 20080003326
IN THE CASE OF: BOARD DATE: 13 May 2008 DOCKET NUMBER: AR20080003326 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. These orders awarded the applicant the PH for being wounded in action in the RVN on 15 March 1968. Therefore, it would be appropriate and serve the interest of justice to award the applicant the PH 1st Oak Leaf Cluster (2nd Award) for being wounded in action in the RVN on 1 June 1968, and to add these awards to his record and separation document at this time.
ARMY | BCMR | CY2010 | 20100026968
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Army Good Conduct Medal (AGCM) * Vietnam Service Medal (VSM) with 2 or 3 bronze service stars * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * RVN Campaign Medal (RVNCM) with Device (1960) * Army Commendation Medal (ARCOM) * unit awards received by Headquarters and Headquarters Company (HHC), 1st Battalion, 327th Infantry, 82d Airborne...
ARMY | BCMR | CY2008 | 20080015562
The applicant's military personnel records are absent orders or any other evidence that he was awarded a second award of the Bronze Star Medal. There is no evidence of record, and the applicant provides insufficient evidence, to show he was awarded a second award of the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency,...
ARMY | BCMR | CY2011 | 20110011763
The applicant requests the Bronze Star Medal, Purple Heart, and the Combat Infantryman Badge be added to his DD Form 214 (Report of Transfer or Discharge). 101st Airborne Division General Orders Number 7078 of 10 October 1968 awarded the applicant the Bronze Star Medal for meritorious achievement in ground operations against a hostile force for the period August 1967 to August 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100012546
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 Purple Heart (PH) and two Bronze Star Medals (BSM) he received during his service in the Republic of Vietnam (RVN). Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. As a result, the Board...