IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130004053
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 award of the Valorous Unit Award.
2. The applicant states he served in Vietnam from 30 December 1965 to 3 September 1966. He served as a cannoneer and he was assigned to
Battery C, 2nd Battalion, 9th Artillery, 3rd Brigade, 25th Infantry Division. He knows a few former Soldiers who were assigned to his unit and they were awarded the Valorous Unit Award.
3. The applicant provides copies of his DD Form 214 and pages 2-4 of his Department of Veterans Affairs (VA) Rating Decision.
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 8 September 1964. He completed training and he was awarded military occupational specialty 13A (cannoneer).
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
a. item 31 (Foreign Service) he served in Vietnam from 30 December 1965 to 3 September 1966.
b. item 38 (Record of Assignments) while serving in Vietnam he was assigned to Battery C, 2nd Battalion, 9th Artillery, from 30 December 1965 through 30 August 1966.
c. item 38 he departed Vietnam on 31 August 1966 en route to the U.S. Army Personnel Center, Oakland, CA for separation processing.
d. item 41 (Awards and Decorations) the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar
4. On 3 September 1966, he was honorably released from active duty as an overseas returnee and he was transferred the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 11 months, and 26 days of total active service with no time lost. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar
5. 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 2nd Battalion, 9th Artillery was cited for award of the Valorous Unit Award for the period 22 April through 20 August 1967 by Department of the Army General Orders Number 43, dated 1972.
6. Army Regulation 600-8-22 (Military Awards) states the Valorous Unit Award 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. The unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.
7. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia, as worn by officers and enlisted personnel of the active Army and the U.S. Army Reserve, as well as by former Soldiers. It states:
a. Unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.
b. An individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows his unit in Vietnam was cited for award of the Valorous Unit Award well after his departure from Vietnam. Therefore, 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 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.
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