BOARD DATE:	  5 January 2016

		DOCKET NUMBER:  AR20150006418 


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 the Valorous Unit Award.

2.  The applicant states his unit, Headquarters and Headquarters Company (HHC), 19th Engineer Battalion, was awarded the Valorous Unit Award in Permanent Orders (PO) 252-09, dated 9 September 2009, for a period during which he served in the unit.

3.  The applicant provides orders.

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 4 October 1966.  He served in Vietnam while assigned as follows from:

* 10 April 1967 - 13 March 1968, HHC, 19th Engineer Battalion
* 14 March - 4 April 1968, 7th Field Hospital (in a patient status) 

3.  He was honorably released from active duty on 3 October 1968 and he was transferred to the U.S. Army Reserve.  The DD Form 214 he was issued does not show the Valorous Unit Award.

4.  On 19 July 2006, he was issued a DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty) which added additional awards to his DD Form 214.  The DD Form 215 did not add the Valorous Unit Award.

5.  The applicant provides PO 252-09, dated 9 September 2009, issued by the U.S. Army Human Resources Command, wherein HHC, 19th Engineer Battalion was cited for award of the Valorous Unit Award for the period 16 July 1967 through 31 December 1968.

DISCUSSION AND CONCLUSIONS:

PO awarded the applicant's unit the Valorous Unit Award for a period during which he was assigned to the unit.  This award is not shown on his DD Form 214 or DD Form 215.

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 to his DD Form 214 the Valorous Unit Award.



      _______ _   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)                                         AR20150006418





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ABCMR Record of Proceedings (cont)                                         AR20150006418



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