IN THE CASE OF:
BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130011751
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) for the period ending 2 June 1972.
2. The applicant states orders, dated 8 June 2001, show his unit (Company B, 4th Battalion, 503rd Infantry) was cited for the VUA.
3. The applicant provides:
* Department of the Army General Orders (DAGO), dated 8 June 2001
* DD Form 214
* DD Form 215 (Correction to 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 enlisted in the Regular Army on 28 April 1966 for a period of
3 years. He arrived in Vietnam on 28 February 1967. He served as an infantryman assigned to Company B, 4th Battalion, 503rd Infantry in Vietnam from 2 March 1967 to 19 November 1967 and from 15 December 1967 to
27 February 1968. On 4 June 1969, he was honorably discharged for immediate reenlistment. He reenlisted on 5 June 1969 for a period of 3 years. On 2 June 1972, he was honorably discharged for expiration term of service.
3. His DD Form 214 for the period ending 2 June 1972 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Combat Infantryman Badge
* Good Conduct Medal
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars
4. He provides a copy of DAGO Number 25, dated 8 June 2001, which show the 4th Battalion, 503rd Infantry was cited for the VUA for actions during the period 30-31 January 1968 in Vietnam.
5. He also provides a DD Form 215, dated 7 March 2013, which amended his
DD Form 214 by deleting the Vietnam Service Medal and adding the:
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with three bronze service stars
DISCUSSION AND CONCLUSIONS:
Orders show the applicant's Vietnam unit was cited for award of the VUA while he was assigned to it. Therefore, this unit award should be added to his
DD Form 214 for the period ending 2 June 1972.
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 for the period ending 2 June 1972.
_____________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) AR20130011751
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ABCMR Record of Proceedings (cont) AR20130011751
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