IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20120002331
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 the Meritorious Unit Commendation (MUC) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his unit, the 106th General Hospital, Yokohama, Japan, earned the MUC during the period of his assignment.
3. The applicant provides documents related to his assignment to the 106th General Hospital between November 1967 and August 1968; and Department of the Army General Orders (DAGO) Number (#) 75, dated 2 December 1969 in support of his request.
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 applicants record shows he was inducted into the Army on 2 September 1966, and was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 30 April 1967 through 30 November 1967, and in Japan from 1 December 1967 to 24 August 1968. Item 38 (Record of Assignments) shows that during his tour in Japan, he served with the 106th General Hospital, performing duties in MOS 91B as a ward specialist.
4. On 24 August 1968, the applicant was honorably released from active duty, in the rank of specialist four/E-4, after completing 1 year, 11 months, and 23 days of active military service. The DD Form 214 he was issued at the time, as amended on 18 July 2002, does not include the MUC in the list of earned awards.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam era. It shows that during the period he was assigned to the 106th General Hospital, Yokohama, Japan, the unit was awarded the MUC for the period December 1965-December 1968 by DAGO # 75, dated 1969.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms that during the period the applicant was assigned to the 106th General Hospital, Yokohama, Japan, the unit was awarded the MUC. Therefore, it would be appropriate to add this award to the applicants DD Form 214.
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 amending his DD Form 214 by adding the Meritorious Unit Commendation.
_______ _ 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.
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