BOARD DATE: 23 May 2013
DOCKET NUMBER: AR20120020528
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 (Certificate of Release or Discharge from Active Duty) to show award of a Meritorious Unit Commendation (MUC) and Valorous Unit Award (VUA).
2. The applicant states his record was never updated.
3. The applicant provides no additional documents.
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
21 December 1965. He served in Vietnam from 22 September 1966 to
19 September 1967.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) he was assigned to Company C,
2nd Battalion, 22nd Infantry, 4th Infantry Division from 22 September 1966 to
19 September 1967 while serving in Vietnam; and
b. item 41 (Awards and Decorations) no entry for the MUC or VUA.
4. On 23 September 1967, he was honorably released from active duty at the expiration of his term of service. The DD Form 214 he was issued at the time does not show award of the MUC or VUA.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) contains a register of units and campaign participate credits for the Vietnam Conflict, Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to February 1986. This publication shows the unit to which the applicant was assigned was not awarded the MUC or the VUA.
6. Army Regulation 600-8-22 (Military Awards) states the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operations.
7. Army Regulation 600-8-22 states the VUA is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be awarded the MUC and VUA has been carefully considered and it was determined that there is insufficient evidence to support this request.
2. There is no evidence nor did the applicant submit any evidence which shows his unit was awarded the MUC or VUA during his period of assignment. Therefore, he is not entitled to have his record corrected to show these unit awards.
3. In view of the foregoing, there is an insufficient evidentiary 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) AR20120020528
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120020528
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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