ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2020 DOCKET NUMBER: AR20200001856 APPLICANT REQUESTS: * reconsideration of his previous request for award of the Meritorious Unit Commendation * as a new issue, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Valorous Unit Award APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 19 November 2019 * Self-Authored Statement, dated 19 November 2019 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 * 101st Airborne Division Vietnam Veterans Unit Citation Awards List, undated * Army Board for Correction of Military Records (ABCMR) Record of Proceedings, Docket Number AR20180012557, page 2, dated 1 August 2019 * Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)), page 100 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20180012557 on 1 August 2019. 2. The applicant provided new documentary evidence and new arguments that were not previously considered by the Board that warrant consideration at this time. The applicant states: a. He received a letter from the ABCMR awarding him partial relief but the Meritorious Unit Commendation was denied him because he was not assigned to 2nd Battalion, 319th Artillery during the period 14 March 1968 to 3 October 1968. He acknowledges that this is correct. However, page 100 of Department of the Army Pamphlet 672-3 shows 101st Airborne Division was awarded the Meritorious Unit Commendation for the period 1 November 1968 to 30 June 1970 by Department of the Army General Orders Number 51, dated 1971. b. A 101st Airborne Division Vietnam Veteran's document shows the Meritorious Unit Commendation for the same dates of 1 November 1968 to 30 June 1970. In addition, the Meritorious Unit Commendation was noted on his DA Form 20 but not given to him. c. Furthermore, 2nd Battalion, 219th Artillery (sic, i.e., 319th Artillery) was awarded the Valorous Unit Award for the period 17 April 1969 to 7 May 1969. He was in the country at the time with the same artillery unit. He would like that award too as it seems he qualified for it. 5. On 7 September 1967, the applicant enlisted in the Regular Army for a period of 3 years. 6. He served in Vietnam from 16 November 1968 to 14 December 1969 and was assigned to: * 2nd Battalion, 319th Artillery (Airmobile), from 1 December 1968 to 14 April 1969 * Confinement, U.S. Army Republic of Vietnam Stockade, 15 April 1969 to 14 May 1969 (Note: he would not have qualified for any unit award during this period) * 2nd Battalion, 319th Artillery (Airmobile), 15 May 1969 to 13 December 1969. 7. On 14 December, 1969, he returned to the continental United States. 8. His DA Form 20 (Enlisted Qualification Record) shows in part, in item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Campaign Medal with Device (1960) * two overseas bars * Meritorious Unit Commendation Armed Forces Level * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 9. On 6 October 1970 he was honorably released from active duty. His DD Form 214 for this period shows in: a. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960). b. item 26a (Non-Pay Periods Time Lost (Preceding Two Years)) – 15 April 1969 to 14 May 1969, 30 days. 10. On 1 August 2019 and in ABCMR Docket Number AR20180012557, the ABCMR denied his application for the Meritorious Unit Commendation. The Board found that DA Pamphlet 672-3 shows the 2nd Battalion, 319th Artillery was awarded the Meritorious Unit Commendation for service from 14 March 1968 to 3 October 1968 by DA General Order Number 22, dated 1976; however, the applicant was not assigned to this unit during this period. 11. On 23 December 2019, he was issued DD Form 215 (Correction to DD Form 214), which corrected his DD Form 214 for the period ending 6 October 1970. The corrections did not include the Valorous Unit Award and the Meritorious Unit Commendation. 12. He provided a copy of 101st Airborne Division Vietnam Veterans, unit citation listing, showing unit awards and dates of the 101st Airborne Division and several of the units under its command. 13. DA General Orders Number 59, dated 1951 does award the Meritorious Unit Commendation to U.S. Army Special Security Detachment, 101st Airborne Division, for the period 1 November 1968 to 30 June 1970. 14. DA General Orders Number 52, dated 1974, awarded the 2nd Battalion, 319th Artillery, the Valorous Unit Award from 13 June 1968 to 23 September 1968. [Applicant was assigned to 2nd Battalion, 319th Artillery (Airmobile), from 1 December 1968 to 14 April 1969] BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the available documentation, the Board concluded that the applicant failed to show that he was assigned to a unit while the VUA or MUC was awarded; therefore, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 11/5/2020 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. REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Valorous Unit Award may be awarded to units of the Armed Forces of the United States and cobelligerent nations 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 against an opposing armed force in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. b. The Meritorious Unit Commendation (Army) (previously called the Meritorious Service Unit Plaque) is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Service in a combat zone is not required, but must be directly related to the combat effort. Units based in Continental United States are excluded from this award, as are other units outside the area of operation. (1) The unit must display such outstanding devotion and superior performance of exceptionally difficult tasks as to set it apart and above other units with similar missions. The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual. Recommendations for units larger than a brigade will not be submitted. (2) Effective 1 March 1961, the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in performance of outstanding services for at least 6 continuous months in support of military operations. Service(s), as used in this paragraph, is interpreted to relate to combat service support type activities and not to the type of activities performed by senior headquarters, combat, or combat support units. 3. Department of the Army Pamphlet 672-3, in effect at the time, shows 2d Battalion, 319th Artillery was awarded the: a. Valorous Unit Award for the period 13 June 1968 to 23 September 1968, by Department of the Army General Orders (DAGO) Number 52, dated 1974, a period he was not assigned to this unit. DAGO 52 also awarded the Valorous Unit Award to 1st Battalion, 506th Infantry and its attached units for the period 13 June 1968 to 23 September 1968. However he was not assigned to this unit during this period. b. Meritorious Unit Commendation for the period 14 March 1968 to 3 October 1968, by DAGO Number 22, dated 1976, a period he was not assigned to this unit. DAGO Number 22 awarded the Meritorious Unit Commendation to the 3D Brigade, 101st Airborne Division and its assigned and attached units for the period 14 March 1968 to 3 October 1968. He was not assigned to this unit during this time period. 4. DAGO 51, dated 19 November 1971, awarded the Meritorious Unit Commendation to U.S. Army Special Security Detachment, 101st Airborne Division, for the period 1 November 1968 to 30 June 1970. He was not assigned to this unit during this period. //NOTHING FOLLOWS//