IN THE CASE OF:	

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080009253 


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 award of the Meritorious Unit Commendation.

2.  The applicant states, in effect, that he served with the 2nd Battalion, 14th Infantry, a subordinate unit of the 25th Infantry Division, from 1 November 1968 to 30 June 1970, in the Republic of Vietnam, and that according to Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), the 25th Infantry Division was awarded the Meritorious Unit Commendation.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 3 June 1971.

	b.  DD Forms 215 (Correction to DD Form 214), dated 28 February 2006.  

	c.  Pages 3 and 4 of his 4-page DA Form 20 (Enlisted Qualification Record).  

	d.  Extract of DA Pamphlet 672-3, dated 29 January 1988.

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's records show he was inducted into the Army of the United States on 4 June 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantry).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 3 June 1971.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.

3.  The applicant's records further show that he served in the Republic of Vietnam from 2 November 1969 to 22 October 1970.  He was assigned to Company B, 2nd Battalion, 14th Infantry.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, and Item 5 (Correction) of the applicant’s DD Form 215 show he was awarded the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Bronze Star Medal (1st Oak Leaf Cluster), the Combat Infantryman Badge, the Air Medal, the Army Commendation Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Medal-First Class Unit Citation.  The Meritorious Unit Commendation is not shown as an authorized award.  

5.  Department of the Army Pamphlet 672-3 shows that the 25th Infantry Division was awarded the Meritorious Unit Commendation from 1 January 1966 to 31 August 1967, based on the Department of the Army General Orders Number 10, dated 1968; from 1 September 1967 to 31 October 1968, based on the Department of the Army General Orders Number 37, dated 1970; and from 1 November 1968 to 30 June 1970, based on Department of the Army General Orders Number 51, dated 1971.

6.  Army Regulation 600-8-22 (Military Awards) states in pertinent part that the Meritorious Unit Commendation (MUC) (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 the continental United States are excluded from this award, as are other units outside the area of operation.  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.  Only on rare occasions will a unit larger than a battalion qualify for award of this decoration. For services performed during World War II, awards will be made only to service units and only for services performed between 1 January 1944 and 15 September 1946.

7.  Effective 1 March 1961, the MUC 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.

DISCUSSION AND CONCLUSIONS:

The applicant’s service with the 2nd Battalion, 14th Infantry, a subordinate element of the 25th Infantry Division, in the Republic of Vietnam, is not in question.  However, the Department of the Army General Orders Number 10, dated 1968, General Orders 37, dated 1970, and General Orders Number 51, dated 1971, that awarded the 25th Infantry Division the Meritorious Unit Commendation, specifically cited the “Headquarters” element of the 25th Infantry Division, for award of the Meritorious Unit Commendation, and not all subordinate elements of the division.  The applicant was not assigned to the “Headquarters” element of the division; therefore, he does not qualify for this award.







BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _ 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)                                         AR20080009253



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ABCMR Record of Proceedings (cont)                                         AR20080009253



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