BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100026525
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 be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant makes no statement.
3. The applicant provides a copy of U.S. Army Human Resources Command Permanent Orders 252-09, dated 9 September 2009, and page 3 of his DA Form 20 (Enlisted Qualification Record).
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 was inducted into the Army of the United States on 1 July 1968. He completed training as a light weapons infantryman in military occupational specialty (MOS) 11B and was posted to Vietnam.
3. However, in Vietnam he was detailed as a heavy vehicle mechanic in MOS 64B. He was assigned to various units of the 19th Engineer Battalion as follows:
* 12-30 January 1969 70th Detachment
* 31 January-16 November 1969 Company C
* 17 November 1969-14 February 1970 Company A
4. He returned to the United States on 15 February 1970 and was released from active duty on 19 February 1970 and transferred to the U.S. Army Reserve. His DD Form 214 lists his authorized awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, two overseas service bars, Army Commendation Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.
5. U.S. Army Human Resources Command Permanent Orders 252-09, dated 9 September 2009, awards the Valorous Unit Award to various 19th Engineer Battalion units for specific periods as follows:
* Headquarters and Headquarters Company 16 July 1967-31 December 1968
* Companies A and B 16 July 1967-31 December 1968
* Company C 22 September 1967-31 December 1968
* Company D 30 August 1967-31 December 1968
* 70th Engineer Company 1 July-31 December 1968
* 73rd Engineer Company 15 December 1967-31 December 1968
* 137th Engineer Company 16 July-31 December 1968
DISCUSSION AND CONCLUSIONS:
1. The applicant arrived in Vietnam after the periods for which the Valorous Unit Award was awarded.
2. In view of the foregoing there is no basis for granting the applicant's 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 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) AR20100026525
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ABCMR Record of Proceedings (cont) AR20100026525
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