IN THE CASE OF:	 

		BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20140003395 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Unit Commendation (MUC).

2.  The applicant states:

* he was discharged before the award was issued
* it was awarded for the period 12 September 2007 through 28 November 2008
* he was with the 1st Infantry Division during that period and was evacuated from Iraq

3.  The applicant provides:

* MUC orders
* 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 enlisted in the Regular Army on 2 November 2006 and trained as an information technology specialist.  Medical records show his unit as the 1st Attack Reconnaissance Battalion, 1st Aviation Regiment, Combat Aviation Brigade (CAB), 1st Infantry Division, during his assignment in Iraq from 1 October 2007 to 15 March 2008.  He was honorably discharged on 19 December 2008 by reason of physical disability with severance pay.

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star
* Army Service Ribbon

4.  U.S. Army Human Resources Command Permanent Orders 183-02, dated 2 July 2009, show Headquarters and Headquarters Company, CAB, 1st Infantry Division, and its subordinate units were awarded the MUC for exceptionally meritorious service during the period 12 September 2007 to 28 November 2008 in support of Operation Iraqi Freedom.

DISCUSSION AND CONCLUSIONS:

The applicant's unit was cited for award of the MUC while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 adding award of the MUC to his DD Form 214.



      _____________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)                                         AR20140003395



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ABCMR Record of Proceedings (cont)                                         AR20140003395



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