IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130005776
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 the Valorous Unit Award (VUA) be added to his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* he just found out through the 19th Combat Engineer Association his unit received the VUA
* he served during this time in Vietnam
3. The applicant provides:
* Permanent orders for the VUA
* 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 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 12 February 1968. He served as a combat engineer assigned to Company A, 19th Engineer Battalion in Vietnam from July 1968 to July 1969. On 11 February 1970, he was honorably released from active duty.
3. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
4. He provides Permanent Orders 252-09, dated 9 September 2009, that shows Company A, 19th Engineer Battalion was awarded the VUA for extraordinary heroism during the period 16 July 1967 to 31 December 1968 in Vietnam.
5. A DD Form 215 (Correction to DD Form 214), dated 10 December 1993, amended his DD Form 214 by deleting the Vietnam Service Medal and adding the:
* Vietnam Service Medal with four bronze service stars
* Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge
DISCUSSION AND CONCLUSIONS:
Permanent orders show the applicant's Vietnam unit was cited for award of the VUA while he was assigned to it. Therefore, his DD Form 214 should be corrected to show this unit award.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the VUA to his DD Form 214.
_______ _ 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) AR20130005776
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130005776
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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