IN THE CASE OF:
BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130003271
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 award of the Valorous Unit Award (VUA) and the Meritorious Unit Commendation (MUC).
2. The applicant states he was informed that Headquarters and Headquarters Detachment (HHD), 145th Combat Aviation Battalion (CAB), from July 1967 through July 1968, the time he served with it, was awarded the VUA and MUC. Neither award is reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The evidence of record and background information indicates:
a. On 5 October 1965, the applicant enlisted in the Regular Army.
b. On 13 July 1967, the applicant was assigned as a personnel specialist to HHD, 145th CAB in the Republic of Vietnam (RVN).
c. On or about 5 July 1968, the applicant departed the RVN.
3. On 9 July 1968, the applicant was released from active duty. He had completed 2 years, 9 months and 5 days of creditable active duty service.
4. The applicant's DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214) lists his awards as:
* Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal with 1960 Device
* RVN Gallantry Cross with Palm Unit Citation
5. The applicant's DA Form 20 (Enlisted Qualification Record) contains in Item 41 (Awards and Decorations) the entry: "VUC, GO 1096 HQ DA (1 Bde)."
6. Department of the Army Pamphlet (DA Pam) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This publication does not show that HHD, 145th CAB, was cited for award of the VUA or the MUC for service in the RVN.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the VUA and MUC based on information he was given.
2. The applicant has not provided any documentary evidence to support his contention.
3. The entry in Item 41 of his DA Form 20 indicates his unit received a VUC. This might be interpreted to mean VUA, or it could be a foreign award, or a record entry error.
4. A search of DA Pam 672-3 failed to find any evidence of HHD 145th CAB receiving either the VUA or the MUC.
5. In view of the above, 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 that 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) AR20130003271
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