IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100021604 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Meritorious Unit Commendation.

2. The applicant states he served in the Republic of Vietnam (RVN) with the
6th Battalion, 27th Artillery, and his unit was awarded the Meritorious Unit Commendation during the period 1 February through 31 August 1969.

3.  The applicant provides copies of three pages from his 27th Artillery yearbook and five DD Forms 214.

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 enlisted and entered active duty in the Regular Army (RA) on 15 June 1953.  Upon completion of training he was awarded military occupational specialty 141.60 (Light and Medium Field Artillery Crewman).

3.  The applicant continued to serve on active duty and he was promoted to master sergeant (E-8) on 22 May 1976.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Foreign Service) he served in the RVN from 19 April 1969 through
21 April 1970;

	b.  item 9 (Awards, Decorations and Campaigns) does not show the Meritorious Unit Commendation; and

	c.  item 38 (Record of Assignments) that he was assigned to:

       (1)  Battery F, 16th Artillery, from 22 April through 1 May 1969;

       (2)  Battery A, 6th Battalion, 27th Artillery, from 2 May through
24 September 1969; and

       (3)  Battery C, 6th Battalion, 27th Artillery, from 25 September 1969 through 16 April 1970.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  A review of this pamphlet failed to show that the 6th Battalion, 27th Artillery, was awarded the Meritorious Unit Commendation during the period of the applicant's assignment to the unit.  It also failed to show that Battery F, 16th Artillery, was awarded the Meritorious Unit Commendation during the period of the applicant's assignment to the unit.

6.  In support of his application the applicant provides the following documents.

   a.  An article authored by Colonel W. B---, 23rd Artillery Group Commander, which was taken from the unit's yearbook states, "[t]he 6th Battalion, 27th Artillery, a composite 8/175mm howitzer battalion and its attached 155mm firing battery, Battery F, 16th Artillery, have been recommended for a Meritorious Unit Commendation for service performed during the period 1 February 1969 to
31 August 1969 for supporting numerous combat operations in the RVN and an active participation in an aggressive Civic Action Program."

   b.  A DD Form 214 that shows the applicant entered active duty this period on 15 June 1956 and he was honorably discharged on 14 September 1962 to reenlist in the RA.  He had completed 6 years and 3 months and of net active service this period.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Meritorious Unit Commendation.

   c.  A DD Form 214 that shows the applicant entered active duty this period on 15 September 1962 and he was honorably discharged on 14 August 1966 to reenlist in the RA.  He had completed 3 years and 11 months of net active service this period.  Item 26 does not show the Meritorious Unit Commendation.

   d.  A DD Form 214 that shows the applicant entered active duty this period on 15 August 1966 and he was honorably discharged on 6 August 1972 to reenlist in the RA.  He had completed 5 years, 11 months, and 22 days of net active service this period.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Meritorious Unit Commendation.

   e.  A DD Form 214 that shows the applicant entered active duty this period on 7 August 1972 and he was honorably discharged on 20 June 1977 to reenlist in the RA.  He had completed 4 years, 10 months, and 14 days of net active service this period.  Item 26 does not show the Meritorious Unit Commendation.

   f.  A DD Form 214 that shows the applicant entered active duty this period on 21 June 1977 and he was honorably retired from active duty on 30 June 1980.  He had completed 3 years and 10 days of net active service this period and 
24 years of total prior active service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Meritorious Unit Commendation.
   
7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the Meritorious Unit Commendation because an article from his unit's yearbook shows the 6th Battalion, 27th Artillery, and Battery F, 16th Artillery, were recommended for award of the Meritorious Unit Commendation during the period 1 February 1969 to 31 August 1969.

2.  While the applicant's unit may have been recommended for the Meritorious Unit Commendation, there is no evidence that shows the Meritorious Unit Commendation was awarded to the 6th Battalion, 27th Artillery, or Battery F,
16th Artillery, during the applicant's period of assignment to either of these units. Therefore, he is not entitled to correction of his records to show this unit award.

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)                                         AR20100021604



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ABCMR Record of Proceedings (cont)                                         AR20100021604



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