IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100023505
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 the Valorous Unit Award (VUA) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, his unit in Vietnam was awarded the VUA on 9 September 2009 in Permanent Orders 252-09 and he desires that it be added to his records.
3. The applicant provides a copy of his DD Form 214 and a copy of Permanent Orders 252-09.
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 applicant enlisted in the Regular Army in Los Angeles, California, on 19 November 1965 for a period of 3 years and training as an engineer heavy equipment operator and maintenance specialist.
3. He completed basic training at Fort Polk, Louisiana, and advanced individual training as a pioneer at Fort Leonard Wood, Missouri. He was transferred to Fort Carson, Colorado, in March 1966.
4. On 30 September 1966, he was transferred to Fort Riley, Kansas, for assignment to the 137th Engineer Company for duty as a crane shovel operator.
5. On 2 May 1967, he was transferred to Vietnam with his unit. He was promoted to pay grade E-5 on 3 August 1967.
6. He participated in four campaigns and departed Vietnam on 25 April 1968. He was transferred to Fort Riley where he remained until he was honorably released from active duty (REFRAD) on 18 November 1968 due to the expiration of his term of service. He completed 3 years of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal (VSM).
7. Permanent Orders 252-09 issued by the U.S. Army Human Resources Command on 9 September 2009 awarded the VUA to the 137th Engineer Company for the period 16 July 1967 to 31 December 1968.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows that during the applicant's assignment, his unit was cited for award the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
9. Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention has been noted and found to have merit. The applicant served in Vietnam with the 137th Engineer Company from 2 May 1967 to 25 April 1968.
2. The VUA was awarded to the 137th Engineer Company for the period 16 July 1967 to 31 December 1968. Accordingly, the applicant is entitled to the VUA and to have it added to his records.
3. The applicant also participated in four campaigns in Vietnam and thus is entitled to wear four bronze service stars on his already-awarded VSM and to have them added to his records.
4. Additionally, the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. Accordingly, he is entitled to have this award added to his records as well.
BOARD VOTE:
__X_____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
* deleting the VSM from block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214
* adding the VSM with four bronze service stars, the VUA, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to block 24 of his DD Form 214
_______ _ 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) AR20100023505
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ABCMR Record of Proceedings (cont) AR20100023505
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