IN THE CASE OF: BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150008592 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, in effect, correction of his records to show award of the Meritorious Unit Commendation and any other authorized awards not on his last DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states his unit was authorized the Meritorious Unit Commendation after he returned from Vietnam. He references Department of the Army General Orders (DAGO) 55, dated 1968; DAGO 48, dated 1969; and DAGO 70, dated 1969. The applicant reports he served in Vietnam with Company C, 87th Engineer Battalion. 3. The applicant provides no supporting documentation. 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 available record contains very little documentation for his first 6 years of service. There is no DA Form 20 (Enlisted Qualification Record) or DA Form 2-1 (Personnel Qualification Record – Part II) covering his service prior to December 1973. He served on active duty between 1966 and 1990. 3. The applicant entered active duty on or about 25 August 1966, completed training, and was awarded military occupational specialty 62F (Crane Operator). 4. The available record contains seven of eight orders for his Army Good Conduct Medal, orders for three Army Commendation Medals, and orders for one Army Achievement Medal. 5. The available record does not contain a DD Form 214 for the period 25 August 1966 through 30 July 1968. 6. His 27 March 1973 DD Form 214 lists his awards as the – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal (2nd Award) 7. His 27 March 1977 DD Form 214 lists his awards as the – * National Defense Service Medal * Vietnam Service Medal * Army Good Conduct Medal (3rd Award) 8. His 20 May 1979 DD Form 214 lists his awards as the – * Good Conduct Medal (3rd Award) * National Defense Service Medal * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Machinegun Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Recoilless Rifle Bar * Expert Marksmanship Qualification Badge M16A-1 Rifle 9. His 31 August 1990 DD Form 214 lists his awards as the – * National Defense Service Medal * Army Service Ribbon * Driver's and Mechanic's Badge * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with 4 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Overseas Service Ribbon (2nd Award) * Army Commendation Medal (3rd Award) * Army Achievement Medal * Noncommissioned Officer Professional Development Ribbon with Numeral 3 * Good Conduct Medal (8th Award) * Humanitarian Service Medal * Expert Marksmanship Qualification Badge with Machinegun Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar * Expert Marksmanship Qualification Badge with Recoilless Rifle Bar 10. The available DA Form 2-1 commenced on or about 1 December 1973 and runs through the end of the applicant's period of service on 31 August 1990. It shows: * service in Vietnam from 31 May 1967 through 30 May 1968 * service in Vietnam during four campaign periods * entries of his duty assignments commence on 1 December 1973 * award of the: * Expert Marksmanship Qualification Badge with Recoilless Rifle Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Expert Marksmanship Qualification Badge with Machinegun Bar * Expert Marksmanship Qualification Badge with Rifle Bar * Army Service Ribbon * National Defense Service Medal * Driver's and Mechanic's Badge * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Commendation Medal (1st Award) * Army Achievement Medal * Vietnam Service Medal with 4 bronze service stars * Noncommissioned Officer Professional Development Ribbon with Numeral 3 * Humanitarian Service Medal * Good Conduct Medal (8th Award) * Army Commendation Medal (3rd Award) * Army Commendation Medal (2nd Award) * Army Commendation Medal (3rd Award) 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that while the applicant was assigned to the 87th Engineer Battalion the unit was cited for award of the Meritorious Unit Commendation for the periods August 1965 – April 1966, by DAGO 20, dated 1967; 1 May 1966 – 28 February 1967, by DAGO 17, dated 1968; and 1 March 1967 – 29 February 1968, by DAGO 48, dated 1969. 12. DAGO 55, dated 1968 and DAGO 70, dated 1969 awarded diverse units the Meritorious Unit Commendation; however, the 87th Engineer Battalion is not among the units authorized the Meritorious Unit Commendation in these orders. 13. DAGO 48, dated 1969 awarded diverse units the Meritorious Unit Commendation, the 87th Engineer Battalion is among the units authorized the Meritorious Unit Commendation in this order. 14. A review of the Awards and Decorations Computer-Assisted Retrieval System an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for any awards or decorations. 15. Army Regulation 600-8-22 (Military Awards) states an award for a marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired. If the bar, which is revoked automatically, is the only one authorized to be worn on the respective basic qualification badge, the award of the badge likewise is revoked automatically. An award once revoked will not be reinstated. DISCUSSION AND CONCLUSIONS: 1. The applicant served with the 87th Engineer Battalion during only one of the periods (31 May 1967 through 30 May 1968) for which this unit was authorized award of the Meritorious Unit Commendation, as announced by DAGO 48, dated 1969. 2. Except for the Meritorious Unit Commendation, his record does not contain any evidence that he was authorized or awarded any additional decorations, medals, badges, citations, or campaign ribbons. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Meritorious Unit Commendation to the applicant's 31 August 1990 DD Form 214. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any awards in excess of the award listed above. ____________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) AR20150008592 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008592 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1