IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150005170 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 the Meritorious Unit Commendation. 2. The applicant states, in effect, he was assigned to the 7th Radio Research Field Station (RRFS) in Thailand when it was awarded the Meritorious Unit Commendation. This award was mistakenly not added to his DD Form 214. 3. The applicant provides the citation for the Meritorious Unit Commendation and a copy of his DD Form 214. 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 into the Army of the United States on 24 March 1970. 3. He was honorably released from active duty on 6 February 1972. His DD Form 214 shows he completed 1 year, 10 months, and 13 days of net active service. His DD Form 214 also shows he had foreign/sea service within the U.S. Army Pacific Command for a period of 1 year and 2 months. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) 4. His available service record contains a DA Form 20 (Enlisted Qualification Record). a. Item 29 (Qualification in Arms) shows he qualified as a Sharpshooter with the M-16 rifle and the M-79 grenade launcher. b. Item 31 (Foreign Service) indicates he served in Thailand from on or about 6 December 1970 to on or about 5 December 1971. c. Item 38 (Record of Assignments) shows his conduct and efficiency ratings were all "Excellent" throughout his period of service. It also shows he was assigned to Headquarters, 7th RRFS, from on or about 9 December 1970 to on or about 2 February 1971. d. Item 41 (Awards and Decorations) does not show either a Meritorious Unit Commendation or an Army Good Conduct Medal (1st Award). 5. No derogatory information was found in the applicant's available service record, nor was there any indication his former commanders submitted documentation recommending denial of the Army Good Conduct Medal. 6. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 7. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units during the Vietnam era. It shows the 7th Radio Research Unit was awarded the Meritorious Unit Commendation for the period 1 July 1970 to 30 September 1971, by Department of the Army General Order (DAGO) Number 43, dated 1972. DISCUSSION AND CONCLUSIONS: 1. DAGO awarded the applicant's unit the Meritorious Unit Commendation for a period during which he was assigned, but it does not appear on his DD Form 214. Additionally, his available service record shows he achieved the Sharpshooter level of qualification with the M-16 rifle and the M-79 grenade launcher. Neither of these marksmanship qualifications are reflected on his DD Form 214. 2. It also appears his term of service met the criteria for award of the Army Good Conduct Medal (1st Award) during the period 24 March 1970 through 6 February 1972. It would be appropriate to award him this medal and correct his DD Form 214 to show this award. His records revealed the following: * there is no derogatory information in his available record * he received all "excellent" ratings for conduct and efficiency throughout his term of service 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: a. Awarding him the Army Good Conduct Medal (1st Award) for the period 24 March 1970 through 6 February 1972. b. Adding the following awards to his DD Form 214 for the period ending 6 February 1972: * Army Good Conduct Medal (1st Award) * Meritorious Unit Commendation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Grenade Bar (M-79) _______ _ 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) AR20150005170 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005170 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1