IN THE CASE OF:
BOARD DATE: 11 June 2013
DOCKET NUMBER: AR20130000458
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Valorous Unit Award.
2. The applicant states he participated in combat operations while assigned to Company B, 4th Battalion, 39th Infantry Regiment, during the period(s) 31 January 1968 (Department of the Army General Orders (DAGO) dated 27 January 1969) and/or 6 through 12 May 1968 (DAGO dated 4 May 1970).
3. The applicant provides a copy of General Orders Number 1048, dated 4 May 1970.
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 on 12 May 1967. He completed training as an indirect fire crewman.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on or about 16 October 1967. He was assigned to Company B, 4th Battalion, 39th Infantry Regiment, 9th Infantry Division effective 25 October 1967. He was further assigned to Company A, 9th Aviation Battalion, 9th Infantry Division, effective 20 April 1968.
4. The applicant departed Vietnam en route to the United States on or about 11 April 1969. He was released from active duty as an overseas returnee effective 11 April 1969. His DD Form 214 does not show he was authorized award of the Valorous Unit Award.
5. The applicant provides a copy of Headquarters, U.S. Army Vietnam General, Orders Number 1048, dated 4 May 1970, which show the 4th Battalion, 39th Infantry Regiment, was awarded the Valorous Unit Award for extraordinary heroism while engaged in military operations during the period 6 through 12 May 1968.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 4th Battalion, 39th Infantry Regiment, was cited for award of the Valorous Unit Award for the period 6 through 12 May 1968 in DAGO Number 43, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. The available evidence does not substantiate the applicant's contention that his DD Form 214 should be corrected to show the Valorous Unit Award. The available evidence shows the Valorous Unit Award was awarded to the 4th Battalion, 39th Infantry Regiment, for military operations during the period 6 through 12 May 1968. However, the applicant was assigned to Company B, 4th Battalion, 39th Infantry, 9th Infantry Division from 25 October 1967 to 19 April 1968 which is prior to the dates of military operations qualifying for the Valorous Unit Award.
2. In addition, he did not provide the DAGO dated 27 January 1969, so it cannot be determined what those orders show.
3. In view of the foregoing, the applicant's request should be denied.
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) AR20130000458
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ABCMR Record of Proceedings (cont) AR20130000458
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