IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120011792
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Meritorious Unit Commendation (MUC).
2. The applicant states he believes his unit earned the MUC, but it does not appear on his DD Form 214.
3. The applicant provides no additional evidence 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 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 in the Regular Army on 25 February 1966. He completed training and was awarded military occupational specialty 72B (Communications Center Specialist).
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 26 April 1968 to on or about 27 September 1969. During this period of service, he was assigned to:
* Headquarters and Headquarters Detachment (HHD), 24th Transportation Battalion, from 2 May 1968 to 31 May 1968
* Headquarters and Headquarters Company, 124th Transportation Command, from 1 June 1968 to 13 November 1968
* HHD, 500th Transportation Command, from 14 November 1968 to 27 September 1969
4. On 28 September 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 3 years, 7 months, and 4 days of total active service, including 2 years, 10 months, and 8 days of foreign service. His DD Form 214 further shows he was awarded or authorized the:
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* three overseas service bars
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the units to which the applicant was assigned during his service in the Republic of Vietnam were not cited for the MUC during the periods in which he was assigned.
DISCUSSION AND CONCLUSIONS:
The applicant contends his DD Form 214 should be corrected to show award of the MUC. The evidence of record shows the units to which he was assigned during his service in the Republic of Vietnam were not cited for the MUC during the periods in which he was assigned. Therefore, he is not entitled to the requested relief.
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 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) AR20080003550
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ABCMR Record of Proceedings (cont) AR20120011792
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