IN THE CASE OF:
BOARD DATE: 2 April 2009
DOCKET NUMBER: AR20080010327
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 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Unit Commendation.
2. The applicant states, in effect, that the Department of the Army Pamphlet
672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit received this award during his assignment to the unit.
3. The applicant provides a photocopy of page four of the Department of the Army Pamphlet 672-3 in support of this application.
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 enlisted in the Regular Army on 1 June 1965. He completed basic combat and advanced individual training and was awarded the military occupational specialty of lineman. He was released from active duty on 31 May 1968 after serving 3 years.
3. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Vietnam during the period 10 June 1966 through 15 June 1967. However, available photocopies of his DA Form 20 (Enlisted Qualification Record) showing units of assignment during his tour of duty in the Republic of Vietnam are not legible.
4. The applicant reenlisted in the Regular Army on 14 July 1972. The highest rank he attained while serving on active duty was staff sergeant/pay grade E-6. The applicant's DD Form 214 shows that on 31 July 1989 he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Retired) after completing 20 years and
17 days of active service.
DISCUSSION AND CONCLUSIONS:
1. While, the applicant contends that he was assigned to a unit during his tour in the Republic of Vietnam which was awarded the Meritorious Unit Commendation, there is no available legible evidence to confirm this contention.
2. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
3. In the absence of available legible evidence that the applicant served in a unit cited for award of the Meritorious Unit Commendation, there is insufficient evidence upon which to base award of the Meritorious Unit Commendation. Therefore, the applicant is not entitled to have the Meritorious Unit Commendation added to his DD Form 214.
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) AR20080010327
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ABCMR Record of Proceedings (cont) AR20080010327
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