IN THE CASE OF:
BOARD DATE: 11 June 2014
DOCKET NUMBER: AR20130017095
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 two awards of the Meritorious Unit Commendation.
2. The applicant states both awards were issued after his separation. He was assigned to the 137th Ordnance Company, 2nd Logistical Command. He recently received the Department of the Army General Orders (DAGO) that awarded his company and battalion the Meritorious Unit Commendation with 1st oak leaf cluster during periods of service he was assigned to the unit.
3. The applicant provides his DD Form 214 and DAGO Number 30, 55, and 56.
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's records show he was inducted into the Army of the United States on 14 October 1965. He held military occupational specialty 44B (Metal Body Repairman).
3. He served in Okinawa from 16 June 1966 to 7 October 1967. He was assigned to the 137th Ordnance Company (Special Ammunition), 196th Ordnance Battalion (Direct Support).
4. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 8 October 1967. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Safe Driver Badge, and Expert Marksmanship Qualification Badge with Rifle Bar.
5. DAGO Number 30, dated 25 June 1968, awarded the Meritorious Unit Commendation to multiple units, including Headquarters and Headquarters Company, 2nd Logistical Command, for meritorious conduct from 31 October 1965 to 31 December 1966.
6. DAGO Number 55, dated 11 October 1968, amended DAGO Number 30 as pertains to award of the Meritorious Unit Commendation to Headquarters and Headquarters Company, 2nd Logistical Command, to include multiple other units, including the 137th Ordnance Company (Special Ammunition).
7. DAGO Number 56, dated 25 November 1970, awarded the Meritorious Unit Commendation (1st Oak Leaf Cluster) to the 2nd Logistical Command for support of military operations during the period January 1967 to June 1970.
8. A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.
9. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Okinawa from 16 June 1966 to 7 October 1967. He was assigned to the 137th Ordnance Company (Special Ammunition), 196th Ordnance Battalion (Direct Support), a subordinate outfit of the 2nd Logistical Command. During his assignment, his unit was awarded two awards of the Meritorious Unit Commendation. Therefore, he is entitled to correction of his DD Form 214 to show both awards.
2. He served honorably from 14 October 1965 through 8 October 1967. He attained the rank/grade of SP4/E-4 and received "excellent" efficiency and conduct ratings throughout his military service. His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.
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:
* awarding him the Army Good Conduct Medal (1st Award) for the period 14 October 1965 through 8 October 1967
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and Meritorious Unit Commendation (2nd Award)
_______ _ _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) AR20130017095
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ABCMR Record of Proceedings (cont) AR20130017095
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