IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140003026
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 he be awarded the Valorous Unit Award (VUA).
2. The applicant states he served with the 19th Engineer Battalion during a period the unit was awarded the VUA but it was never given to him.
3. The applicant provides a copy of his record of assignments from his DA Form 20 (Enlisted Qualification Record) and a page from the history of the 19th Engineer Battalion (Internet article).
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 5 November 1965 for a period of 3 years and training as an engineer construction equipment operator. He completed basic training at Fort Dix, New Jersey and advanced individual training at Fort Leonard Wood, Missouri before being transferred to Fort Hood, Texas for assignment to the 589th Engineer Battalion.
3. On 11 April 1967, he was transferred to Vietnam with his unit and on 6 July 1967, he was transferred to the 19th Engineer Battalion. He was promoted to pay grade E-5 on 4 January 1968 and departed Vietnam on 6 April 1968 for assignment to Fort Hood.
4. On 4 November 1968, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. The DD Form 214 he was issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, and National Defense Service Medal.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. A review of this pamphlet failed to show the 19th Engineer Battalion was awarded the VUA during the period the applicant served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicants supporting documents and contention that he should be awarded the VUA for his service with the 19th Engineer Battalion in Vietnam has been noted.
2. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam and it does not indicate that his unit received the VUA during the period he served with that unit.
3. Therefore, in the absence of official credible evidence showing otherwise, there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20140003026
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ABCMR Record of Proceedings (cont) AR20140003026
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