Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130000458
Original file (20130000458.txt) Auto-classification: Denied

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130000458



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130003428

    Original file (20130003428.txt) Auto-classification: Approved

    The applicant provides: * General Orders Number 1048, issued by Headquarters, U.S. Army Vietnam, dated 4 May 1970 * DAGO Number 5, dated 27 January 1969 * DAGO Number 59, dated 25 September 1969 * Special Orders Number 206, issued by Seventh Army Support Command, dated 19 September 1967 * Certificate of Combat Service, undated * Certificate of Appreciation, dated 18 September 1970 * page 1 of his DA Form 2-1 (Personnel Qualification Record – Part II) * his DD Form 214 * his National Guard...

  • ARMY | BCMR | CY2010 | 20100017336

    Original file (20100017336.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1993 to show two awards of the Valorous Unit Award (VUA). The applicant's unit was cited for two awards of the VUA and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2012 | 20120003939

    Original file (20120003939.txt) Auto-classification: Approved

    His service record is void of evidence which indicates he was assigned to Company B of the 4th Battalion, 39th Infantry during a period it was cited for award of the Valorous Unit Award. His service record shows he received all "excellent" conduct and efficiency ratings, numerous awards, and he was promoted to SP4 during his tenure on active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army...

  • ARMY | BCMR | CY2012 | 20120015639

    Original file (20120015639.txt) Auto-classification: Approved

    The applicant provides: * a statement, dated 22 March 2012, from Mr. M_____ * an undated statement from Mr. S______ * a drivers license and Department of Veterans Affairs (VA) identification card for Mr. S______ * a list of Soldiers assigned to the 3rd Battalion, 12th Infantry, 4th Infantry Division * an undated newspaper article * excerpts from the book Apache Recon: Because of the Brave by Mr. M_____ * four photographs * an excerpt from Army Regulation 600-8-22 (Military Awards) * Army...

  • ARMY | BCMR | CY2014 | 20140008168

    Original file (20140008168.docx) Auto-classification: Approved

    Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969; and Records show the applicant participated in four campaigns during his service in the Republic of Vietnam.

  • ARMY | BCMR | CY2012 | 20120019712

    Original file (20120019712.txt) Auto-classification: Approved

    The DA Form 1 submitted by the applicant is a morning report for Company B, 4th Battalion, 39th Infantry, and shows the applicant was attached to that unit on 28 December 1967. There is sufficient evidence to show he was attached to Company B, 4th Battalion, 39th Infantry, on 31 January 1968, the date of the action for which the unit was awarded the Valorous Unit Award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...

  • ARMY | BCMR | CY2012 | 20120021957

    Original file (20120021957.txt) Auto-classification: Approved

    The applicant's Army Military Human Resource Record (AMHRR) contains Headquarters, 9th Infantry Division General Orders Number 704, dated 6 February 1968, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 13 January 1968. The available records show at the time he was wounded in action he had an infantry MOS and he was assigned to the 39th Infantry. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2014 | 20140001229

    Original file (20140001229.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The evidence of record confirms the FSM was twice awarded the Bronze Star Medal with “V” Device; however, his DD Form 214 shows only one award of the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: *...

  • ARMY | BCMR | CY2011 | 20110008648

    Original file (20110008648.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 24 of his DD Form 214 the Vietnam Service Medal with three bronze service stars; c. adding to item 24 of his DD Form 214 the: * Purple Heart (2nd Award) * Vietnam Service Medal with four bronze service stars * Valorous Unit Award * Republic of Vietnam Gallantry...

  • ARMY | BCMR | CY2006 | 20060006901

    Original file (20060006901.txt) Auto-classification: Approved

    The applicant states, in effect, that he should be awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and his other awards are for service while attached to the 9th Infantry Division but no written orders were issued. There is no evidence that the applicant was awarded the Combat Infantryman Badge while he served in Vietnam. The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.