IN THE CASE OF:
BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140015446
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:
a. A calendar from the 11th Armored Cavalry's Veterans of Vietnam and Cambodia website shows the 11th Armored Cavalry Regiment (ACR) was awarded the MUC for the period September 1966 to May 1967.
b. This unit commendation was awarded after his discharge and was not entered on his DD Form 214.
3. The applicant provides a July 2014 calendar from the 11th Armored Cavalry's Veterans of Vietnam and Cambodia website.
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 8 November 1965 for 2 years. He served in Vietnam as an armor crewman assigned to Company H, 2d Squadron, 11th ACR, from 20 August 1966 to 29 July 1967. On 7 November 1968, he was honorably released from active duty.
3. His DD Form 214 erroneously shows his date of entry as 8 November 1968.
4. His DD Form 214 does not show the MUC as an authorized award.
5. He provided a July 2014 calendar from a veterans' organization which shows the 11th ACR was awarded the MUC on 2 July 1968 for the period September 1966 to May 1967.
6. Army Regulation 600-8-22 (Military Awards) states the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.
7. 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:
* 2d Squadron, 11th ACR, was not cited for award of the MUC
* 3d Squadron, 11th ACR, was cited for award of the MUC for the period 13 September 1966 to 31 May 1967 in Department of Army General Orders Number 32, dated 1969
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends the 11th ACR was awarded the MUC for the period September 1966 to May 1967, the evidence of record shows only the 3d Squadron of the 11th ACR was cited for the MUC during this period.
2. The 2d Squadron of the 11th ACR was not cited for award of the MUC during his period of assignment in Vietnam. Therefore, there is no basis for granting his request to add this unit award to his DD Form 214.
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) AR20140015446
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ABCMR Record of Proceedings (cont) AR20140015446
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