IN THE CASE OF:
BOARD DATE: 25 November 2008
DOCKET NUMBER: AR20080014339
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 (MUC).
2. The applicant states that his unit, the 57th Transportation Battalion (Medium Truck), was awarded the MUC and it was not reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides a copy of his DD Form 214; a copy of the History of the 57th Transportation Battalion (Medium Truck (MT)), Republic of Vietnam (RVN), 1967 Present; and a copy of unit photographs.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 23 June 1969, the applicant enlisted in the Regular Army for a period of
3 years. He was originally trained in, awarded, and served in military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist). He attained the grade of sergeant/E-5. On 1 July 1971, his primary MOS was changed to 64C (Motor Transport Operator). On 31 January 1972, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). On 1 April 1975, he was honorably discharged from the USAR upon completion of his statutory military obligation.
3. The applicant served in the RVN from 13 December 1970 through
8 December 1971. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the following units:
23 December 1970 14 March 1971 2nd Transportation Company
15 March 31 March 1971 597th Transportation Company
1 April 31 May 1971 64th Transportation Company
1 June 7 December 1971 57th Transportation Battalion (MT)
He performed duties as a heavy vehicle driver.
4. The applicant provided a copy of the 57th Transportation Battalion (MT) unit history which shows the battalion was awarded the MUC for its outstanding accomplishments during the period December 1968 March 1970.
5. 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 a unit to which the applicant was assigned
(57th Transportation Battalion (MT)) was cited for award of the MUC for the periods 28 December 1968 31 March 1970, by Department of the Army General Orders Number 52, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the RVN from 13 December 1970 through
8 December 1971. He performed duties as a heavy vehicle driver in various units during his tenure in the RVN. His DA Form 20 shows he was assigned to the 57th Transportation Battalion (MT) from 1 June 7 December 1971.
2. Department of the Army Pamphlet 672-3 shows the 57th Transportation Battalion (MT) was awarded the MUC for the periods 28 December 1968
31 March 1970. The applicant was not assigned to the 57th Transportation Battalion (MT) during a period when it was recognized with award of the MUC.
In order to be entitled to this unit award, the applicant must show that he was present in the unit during the period of time for which the MUC was awarded. His records do not show that he met this criterion.
3. Given the available evidence, the applicant does not appear to meet the criteria for award of the MUC. Therefore, there is no basis upon which to grant his request. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20080014339
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ABCMR Record of Proceedings (cont) AR20080014339
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