IN THE CASE OF: BOARD DATE: 27 March 2018 DOCKET NUMBER: AR20160013618 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 March 2018 DOCKET NUMBER: AR20160013618 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. IN THE CASE OF: BOARD DATE: 27 March 2018 DOCKET NUMBER: AR20160013618 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 a Meritorious Unit Commendation. 2. The applicant states when he retrieved his old uniform from the closet, he noticed the medal on his service jacket; however, it is not listed on his DD Form 214. 3. The applicant provides no additional evidence. 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 19 July 1966. 3. Evidence shows he served in the U.S. Army Pacific theater of operations with duty in Thailand for the period 30 March 1968 through 29 March 1969. He served with the 331st Supply Company for the period 5 April to 19 December 1968 and with Headquarters and Headquarters Company, 9th Logistics Command, for the period 20 December 1968 to 14 March 1969. 4. He was honorably released from active duty on 19 March 1969. His DD Form 214 shows he completed 2 years, 8 months, and 1 day of total active service with 2 years and 19 days of foreign service. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Meritorious Unit Commendation 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. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. 2. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. The 331st Supply Company is not listed in DA PAM 672-3 as receiving any unit awards. b. Headquarters and Headquarters Detachment, 9th Logistical Command was awarded a Meritorious Unit Commendation for the period April 1965 through June 1966 by Department of the Army General Order Number 40, dated 1967. 3. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states an individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit. DISCUSSION: 1. The applicant requested a Meritorious Unit Commendation be added to his DD Form 214. While he does not identify the unit, the DA PAM shows only one unit to which he was assigned received this award: Headquarters and Headquarters Detachment, 9th Logistical Command. The period for this award is listed as April 1965 to June 1966. The applicant's chronological history of unit assignments shows he arrived to this unit in December 1968 and departed the unit in March 1969. 2. An individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit. Since Headquarters and Headquarters Detachment, 9th Logistical Command, was his final unit of assignment, it is logical the commendation would be on his service jacket but not on his DD Form 214. He was not assigned to the unit during the period for the award, and therefore was not authorized permanent wear of the award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013618 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013618 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2