RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060011312 


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


Mr. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military records to show award of the Meritorious Unit Commendation (MUC), Valorous Unit Award (VUA), and the Army of Occupation Medal with Germany Clasp. 

2.  The applicant states, in effect, that he served in the Republic of Vietnam from 23 May 1968 through 12 May 1969, with the 137th Engineer Company, 19th Engineer Battalion, under the command of Headquarters and Headquarters Company, 35th Engineer Group.  He contends that his unit was awarded the MUC and VUA for this period of time.  The applicant further states that he served in West Berlin from 8 November 1966 to 10 June 1968 and is qualified for award of the Army of Occupation Medal with Germany Clasp.

3.  The applicant provides an extract of information from the Unit Citation and Campaign Participation Credit Register (DA Pamphlet 672-3), a VUA citation, and a photo taken in Germany.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 17 May 1969, the date of his release from active duty.  The application submitted in this case is dated 2 August 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  On 10 June 1966, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 76Y1O (Unit Supply Specialist).  

4.   Records show that the applicant served with the 94th Engineer Battalion from 8 November 1966 through 14 April 1968.  An extract of this battalion's history shows that this battalion was reactivated on 10 March 1955, in Nellingen, West Germany, and moved to Darmstadt, Germany in 1972.  There is no evidence showing that the 94th Engineer Battalion served in West Berlin during any part of this time. 

5.  On 23 May 1968, the applicant was assigned to the 137th Engineer Company, 19th Engineer Battalion, in the Republic of Vietnam.  He served with this unit for his entire tour of duty and was returned to the United States on 
13 May 1969.

6.   On 17 May 1969, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had completed 2 years, 11 months and 8 days of creditable active duty.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214) lists his awards as the National Defense Service Medal, Army Commendation Medal, Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Vietnam Campaign Medal with "1960" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Meritorious Unit Commendation, Valorous Unit Award, or the Army of Occupation Medal with Germany Clasp.

8.  DA Pamphlet 672-3 lists the unit awards received by units serving in Vietnam. Tables 1 through 10 of this document lists the unit recognition of Army units in numerical order.   The applicant’s unit of assignment while serving in Vietnam -- the 137th Engineer Company, has its own separate listing to show its unit recognition.  DA Pamphlet 672-3 shows that the only Meritorious Unit Commendation for the 137th Engineer Company was for the period 1 August 1969 through 3 February 1970.  The applicant was not assigned to this unit during the period it was cited for the Meritorious Unit Commendation.  DA Pamphlet 672-3 does not show that the 137th Engineer Company received the Valorous Unit Award.

9.  The Valorous Unit Award citation provided by the applicant does not reference any general order or other authority showing that the 137th Engineer Company received the Valorous Unit Award.  It only cities the regulatory provisions of Army Regulation 672-5-1 (Military Awards) that establishes this award and sets the criteria for its award to deserving units.



10.  The Army of Occupation Medal with Germany Clasp is authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The citation provided by the applicant is not sufficiently convincing in that it does not identify the general orders that would have authorized the Valorous Unit Award for the 137th Engineer Company.  Furthermore, DA Pamphlet 672-3 does not show that this unit ever received the Valorous Unit Award.

2.  There is no convincing evidence to show that the 137th Engineer Company was awarded the Meritorious Unit Commendation for actions performed in the Republic of Vietnam, during the period that the applicant was assigned to this unit.  

3.  There is no evidence showing that the 94th Engineer Battalion served in a qualifying location for award of the Army of Occupation Medal with Germany Clasp, during the period that the applicant was assigned to this unit.  

4.  In view of the above, the applicant's request should not be granted.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 May 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
16 May 1972.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RMN__  __EEM__  __WFC__  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




__      William F. Crain______
          CHAIRPERSON




INDEX

CASE ID
AR20060011312
SUFFIX

RECON
 
DATE BOARDED
20070308 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
Deny
REVIEW AUTHORITY

ISSUES         1.
107.000
2.

3.

4.

5.

6.