BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100017913
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Valorous Unit Award (VUA) and the Vietnam Cross of Gallantry Unit Citation. (The applicant had also requested the Overseas Service Ribbon but later amended his application to delete that portion of his request since he has already received that ribbon).
2. The applicant states, in effect, that he has orders to confirm his entitlement to these unit awards.
3. The applicant provides Special Orders 111 dated 3 May 1968; a DD Form 214 for the period ending 26 August 2002; and Permanent Orders 252-09 dated 9 September 2009.
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 applicants military records show that he enlisted in the Regular Army on 12 October 1966, was awarded the military occupational specialty of engineer equipment repairman, served in Vietnam with Company C, 19th Engineer Battalion from 25 May 1967 to 23 December 1968, and was promoted to pay grade E-5.
3. He was honorably released from active duty on 10 October 1969.
4. Permanent Orders 252-09 dated 9 September 2009 awarded Company C, 19th Engineer Battalion the VUA for the period 22 September 1967 to 31 December 1968.
5. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The general orders provided by the applicant confirm his unit was awarded the VUA while he was assigned to that unit. As such, it would be appropriate to now add this unit award to his DD Form 214.
2. Since all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, he is also entitled to have this foreign unit award added to his DD Form 214.
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 the DD Form 214 of the individual concerned for the period ending 10 October 1969 be corrected by adding the VUA and the Republic of Vietnam Gallantry Cross with Palm 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) AR20100017913
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ABCMR Record of Proceedings (cont) AR20100017913
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