IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140006478
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 that the award of 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 that his unit (71st Transportation Company) was awarded the MUC during the period he served with the unit in Vietnam.
3. The applicant provides copies of his DD Form 214, Record of Assignments from his DA Form 20 (Enlisted Qualification Record), and pages from his units history.
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 was inducted on 2 May 1967. He completed his basic training at Fort Dix, NJ and his advanced individual training as a cargo handler at Fort Eustis, VA and Fort Story, VA before being transferred to Vietnam on
5 November 1967.
3. The applicant was assigned to the 71st Transportation Company until 4 July 1968 when he was transferred to the 159th Transportation Battalion.
4. He served in five campaigns and departed Vietnam on 3 November 1968. He was transferred to Fort Eustis where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and his marksmanship badges.
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 applicants units (71st Transportation Company and 159th Transportation Battalion) were awarded the MUC for the period 1 April to 30 September 1967.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his unit was awarded the MUC during the period he served with the unit in Vietnam has been noted.
2. The applicable pamphlet shows that his units were awarded the MUC for the period of 1 April to 30 September 1967; however, the applicant did not arrive in Vietnam until 5 November 1967.
3. Accordingly, he is not entitled to wear the MUC permanently because he was not serving with the unit when it was awarded.
4. Likewise, he is not entitled to have that award added to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140006478
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ABCMR Record of Proceedings (cont) AR20140006478
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