IN THE CASE OF:
BOARD DATE: 27 January 2009
DOCKET NUMBER: AR20080016689
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 (Report of Transfer or Discharge) to show award of the Meritorious Unit Commendation.
2. The applicant states, in effect, that he did not discover this error until he reviewed his Army Review Board Record of Proceedings, dated 9 April 2008. He indicates that he is entitled to the Meritorious Unit Commendation per Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).
3. The applicant provides a copy of his Record of Proceedings, dated 8 April 2008; a DD Form 215 (Correction to DD Form 214), dated 27 June 2008; a DD Form 214; an excerpt from Army Regulation 600-8-22; and an excerpt from Department of the Army Pamphlet 672-3 in support of his 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 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 enlisted on 6 May 1969 for a period of 2 years. He served as a light weapons infantryman assigned to Company B, 2nd Battalion, 14th Infantry of the 25th Infantry Division in Vietnam from 10 October 1969 through 19 June 1970. He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 14th Infantry of the 25th Infantry Division in Vietnam from 20 June 1970 through 10 November 1970. On 11 November 1970, he was released from active duty.
3. The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Purple Heart, the Air Medal, and the Bronze Star Medal with "V" Device with Second Oak Leaf Cluster as authorized awards.
4. A DD Form 215, dated 27 June 2008, amended the applicant's DD Form 214 by deleting the Vietnam Service Medal and adding the Vietnam Service Medal with four bronze service stars, the Army Good Conduct Medal, the Combat Infantryman Badge, two awards of the Overseas Service Bar, the Marksman Marksmanship Qualification Badge with Auto Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
5. Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam. This document shows that the applicant's unit was not cited for the Meritorious Unit Commendation while he was assigned to it.
6. Department of the Army Pamphlet 672-3 does show that the Studies and Observation Group, 25th Infantry Division was cited for award of the Meritorious Unit Commendation for actions during the period 1 November 1968 to 30 June 1970 by Department of the Army General Orders Number 51, dated 1971.
DISCUSSION AND CONCLUSIONS:
Since the applicant's unit was not cited for award of the Meritorious Unit Commendation while he was assigned to it, there is no basis for granting the applicant's request.
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
_________xxx_____________
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) AR20080016689
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080016689
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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