IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20080014380
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, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show award of a second Army Meritorious Unit Commendation.
2. The applicant states, in effect, that he had already been released from active duty when the second Army Meritorious Unit Commendation orders were issued.
3. The applicant provides copies of Headquarters, U.S. Army Pacific, General Orders Number 308, dated 14 July 1970; and Headquarters, Department of the Army, Washington, DC, General Orders No. 24, dated 27 April 1971.
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. The applicant entered active duty in the Regular Army on 29 February 1968, completed training, and was awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver).
3. His DA Form 20 (Enlisted Qualification Record) provides the following pertinent information:
a. assignment to the U.S. Army Technical Escort Unit, Edgewood Arsenal, Maryland from 22 July 1968 through 23 December 1968;
b. assignment to the 291st Transportation Company, 519th Transportation Battalion, U.S. Army - Pacific (in Thailand), from 7 February 1969 through 27 September 1970;
c. his authorized awards included the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.
4. The applicant was honorably released from active duty on 29 September 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, and the Good Conduct Medal.
5. General Orders Number 308, dated 14 July 1970, awarded the 291st Transportation Company, 519th Transportation Battalion, the unit to which the applicant was assigned, the Meritorious Unit Commendation for the period from 16 December 1966 to 31 December 1969.
6. General Orders Number 24, dated 27 April 1971, awarded the U.S. Army Technical Escort Unit, Edgewood Arsenal, the unit to which the applicant was assigned, the Meritorious Unit Commendation (First Oak Leaf Cluster) for the period from 1 August 1966 to 31 December 1968.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. In pertinent part, it states an oak leaf cluster is authorized for wear for each
additional award of the Presidential Unit Citation (Army), Joint Meritorious Unit Award, Valorous Unit Award, Meritorious Unit Commendation (Army), Air Force Outstanding Unit Award, Air Force Organizational Excellence Award, and the Army Superior Unit Award; and
DISCUSSION AND CONCLUSIONS:
1. The applicant states, in effect, that he had already been released from active duty when the second Army Meritorious Unit Commendation orders were issued.
2. The applicant provided copies of the General Orders awarding the two units to which he was assigned at the time the Meritorious Unit Commendation. Only one of these awards is listed on his DD Form 214. Therefore, it is appropriate to correct the applicant's record to show the Meritorious Unit Commendation (first oak leaf cluster).
3. The applicant's award of the Expert Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar were omitted from his DD Form 214. Therefore, it is appropriate to correct the applicant's record to show these marksmanship awards.
BOARD VOTE:
___X____ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 24 of his DD Form 214 the Meritorious Unit Commendation; and
b. adding to item 24 of his DD Form 214 the Meritorious Unit Commendation (first oak leaf cluster), Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.
__________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) AR20080014380
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