MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 7 November 2002
         DOCKET NUMBER: AR2002076105


         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor		Chairperson
Mr. Thomas B. Redfern		Member
Mr. Donald P. Hupman		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
                  records
         Exhibit B - Military Personnel Records (including
                  advisory opinion, if any)

APPLICANT REQUESTS: Reconsideration of his previous application to the Army Board for Correction of Military Records (ABCMR) by showing a second award of the Meritorious Unit Commendation for actions in Vietnam during the period 1 January 1966 to 31 August 1967 based on Department of the Army General Orders (DAGO) Number 10, dated 1968.

APPLICANT STATES: In effect, that his first Meritorious Unit Commendation was awarded to him for his tour of duty at the 106th General Hospital in Japan from February 1968 through May 1969. He requests a second award of the Meritorious Unit Commendation which was awarded to the 25th Infantry Division in Cu Chi, Vietnam. He states that he served with this unit from January 1967 to January 1968.

The applicant submitted the following documents in support of his application:
(1) a copy of his application to the ABCMR, dated March 29, 2002; (2) a DD Form 215 (Correction to DD Form 214), dated January 28, 2002; (3) a page from Table 11 of the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register); (4) a letter from the Army Review Boards Agency, Support Division in St Louis, Missouri, dated May 23, 2002; and (5) a DA Form 1577 (Authorization for Issuance of Awards), dated January 28, 2002.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect consideration by the ABCMR of Docket Number AR2001062425 on 15 November 2001.

The applicant provided a copy of the application (DD Form 149 – Application for Correction of Military Records) he submitted to the ABCMR on March 29, 2002. He requested that his records be corrected to reflect award of the Meritorious Unit Commendation for actions during the period 1 January 1966 to 31 August 1967 based on DAGO 10, dated 1968. He contends that he served in a unit during that time and was not awarded the Meritorious Unit Commendation for this period of service.

The applicant also provided a copy of a May 23, 2002, letter from the Army Review Boards Agency, Support Division, St. Louis. This office informed the applicant that his records had been administratively corrected and the action was completed on 28 January 2002. The applicant also provided a copy of a DD Form 215 and DA Form 1577. This DD Form 215 shows he was authorized one award of the Meritorious Unit Commendation.

The applicant’s submissions were not previously considered by the ABCMR. Therefore, there is new evidence which will be considered by the Board.

Item 38 (Record of Assignments) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 1st Battalion, 27th Infantry, 25th Infantry Division in Vietnam from 19 January 1967 to 5 January 1968.

Item 38 of his DA Form 20 shows he was assigned to the 106th General Hospital in Japan from February 1968 to May 1969.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that the 1st Battalion, 27th Infantry, 25th Infantry Division, was never cited for award of the Meritorious Unit Commendation during the Vietnam War.

The applicant also provided a page from the Army Awards Branch Homepage which shows that the 25th Infantry Division received the Meritorious Unit Commendation for the period 1 January 1966 to 31 August 1967 based on DAGO Number 10, dated 1968.

Department of the Army Pamphlet 672-3 shows that DAGO Number 10, dated 1968, awarded the Meritorious Unit Commendation only to the detachment of the United States Army Special Security Group (Office of the Assistant Chief of Staff for Intelligence) which was attached to the 25th Infantry Division. DAGO Number 10, dated 1968 did not award the Meritorious Unit Commendation to the 1st Battalion, 27th Infantry or any other subordinate units of the 25th Infantry Division.

There is no evidence of record available to the Board which shows that the applicant was assigned to the U.S. Army Special Security Group during his service in Vietnam.

The Proceedings of the ABCMR in Docket Number AR2001062425, dated 15 November 2001 show that the applicant was entitled to one award of the Meritorious Unit Commendation for his service from February 1968 to May 1969 at the 106th General Hospital based on DAGO Number 75, dated 1969.

Army Regulation 600-8-22, in pertinent part, states that 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 the performance of outstanding services for at least six continuous months in support of military operations. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations.

Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration. The staff of the Board is authorized to determine whether or not such evidence has been submitted.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board considered the applicant's request for a second award of the Meritorious Unit Commendation for actions in Vietnam during the period 1 January 1966 to 31 August 1967 based on DAGO Number 10, dated 1968.

2. The Board noted the applicant's contention that he is entitled to a second award of the Meritorious Unit Commendation and that this award was for his service in the 1st Battalion, 27th Infantry of the 25th Infantry Division in Vietnam during the period January 1967 to January 1968.

3. Evidence of record shows that the 1st Battalion, 27th Infantry of the 25th Infantry Division was never cited for award of the Meritorious Unit Commendation during the Vietnam War.

4. Evidence of record shows that the award of the Meritorious Unit Commendation to which the applicant believes he is entitled was in fact awarded only to the members of the detachment of the United States Army Special Security Group (Office of the Assistant Chief of Staff for Intelligence) which was attached to the 25th Infantry Division.

5. The Proceedings of the ABCMR in Docket Number AR2001062425, dated 15 November 2001 show that the applicant was entitled to one award of the Meritorious Unit Commendation for his service from February 1968 to May 1969 at the 106th General Hospital based on DAGO Number 75, dated 1969.

6. Based on the foregoing, it is clear that the applicant is entitled to only one award of the Meritorious Unit Commendation based on his service from February 1968 to May 1969 at the 106th General Hospital. Therefore, there is no basis for granting the applicant a second award of the Meritorious Unit Commendation.

7. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

8 . In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.


BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

RVO______ TBR_____ DPH_____ DENY APPLICATION



         Carl W. S. Chun

Director, Army Board for Correction
         of Military Records

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INDEX

CASE ID	AR2002076105
SUFFIX
RECON
DATE BOARDED	20021107
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	107.0034
2.
3.
4.
5.
6.