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ARMY | BCMR | CY2009 | 20090015269
Original file (20090015269.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090015269 


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 removal of the Meritorious Unit Commendation from his records.

2.  The applicant states the following

* he did not serve in the 27th Engineer Battalion (Land Clearing Team) from 23 June 1968 to 27 December 1968
* he served in the 27th Land Clearing Task Force that was attached to the 168th Engineer Combat Battalion, 79th Group from 23 June 1968 to 27 December 1968
* the 27th Engineer Battalion was awarded the Meritorious Unit Commendation, but he does not think he is entitled to this award

3.  The applicant provides a copy of the Army Board for Corrections of Military Records (ABCMR) Record of Proceedings, Docket Number AR20090001109, dated 14 April 2009, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 19 October 1967.

2.  The applicant served in Vietnam from 24 March 1968 through 22 March 1969.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to the following units in Vietnam
* Company D, 168th Engineer Combat Battalion (30 March 1968 to 22 June 1968)
* 27th Engineer Battalion (Land Clearing Team) (23 June 1968 to 27 December 1968)
* Headquarters and Headquarters Company, 62nd Engineer Battalion (28 December 1968 to 15 January 1969)
* 60th Engineer Company (Land Clearing), 62nd Engineer Battalion (16 January 1969 to 19 March 1969)

4.  Orders published on 21 June 1968 show the applicant was assigned to the 27th Engineer Battalion (Land Clearing Team), 168th Engineer Combat Battalion with a reporting date of 23 June 1968.

5.  Unit orders published on 13 September 1968, which promoted the applicant to specialist four, show he was assigned to the 27th Land Clearing Task Force, 168th Engineer Combat Battalion.

6.  Orders published on 28 December 1968 show the applicant was reassigned from the 27th Land Clearing Team to Headquarters and Headquarters Company, 62nd Engineer Battalion in January 1969.

7.  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 the following

* 27th Engineer Battalion (Land Clearing Team) was cited for award of the Meritorious Unit Commendation for the period 1 July 1968 to 28 February 1969 by Headquarters, Department of the Army, General Orders Number 51, dated 1971
* 168th Engineer Combat Battalion was cited for award of the Meritorious Unit Commendation for the period 1 November 1968 to 30 June 1969 by Headquarters, Department of the Army, General Orders Number 51, dated 1971

8.  In November 2008, the applicant applied to the ABCMR for correction of his records to show all of the citations and decorations to which he was authorized.

9.  The 14 April 2009 ABCMR Record of Proceedings indicated the applicant was assigned to the 27th Engineer Battalion (Land Clearing Team) from 23 June 1969 to 27 December 1968 during his tour in Vietnam.  The ABCMR recommended the applicant be awarded the Meritorious Unit Commendation based on his assignment to this unit.

10.  On 12 June 2009, the applicant was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which shows the Meritorious Unit Commendation was added to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he did not serve in the 27th Engineer Battalion (Land Clearing Team) from 23 June 1968 to 27 December 1968, but he served in the 27th Land Clearing Task Force that was attached to the168th Engineer Combat Battalion, 79th Group, during this period.

2.  Orders show the applicant was assigned to the 27th Engineer Battalion Land Clearing Team and the 27th Land Clearing Task Force during his tour in Vietnam.  Both of these units were attached to the 168th Engineer Combat Battalion.

3.  Although the applicant thinks he is not entitled to the Meritorious Unit Commendation, Department of the Army Pamphlet 672-3 shows the 168th Engineer Combat Battalion was cited for award of the Meritorious Unit Commendation during a period he was assigned to this unit.  As a result, the applicant was entitled to correction of his records to show the Meritorious Unit Commendation.  Therefore, there is no basis for removal of the Meritorious Unit Commendation from his records.

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)                                         AR20090015269



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20090015269



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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