BOARD DATE:	 13 January 2015 

		DOCKET NUMBER:  AR20140009852 


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 the 3rd award of the Joint Meritorious Unit Award (JMUA).

2.  The applicant states:

* after his retirement, the JMUA was approved for issuance to eligible personnel assigned to Headquarters, United States Special Operations Command (USSOCOM)
* he had already retired when the award was made and was not aware of it
* the award is not annotated in his official records
* he is currently a contractor at USSOCOM
* by accident he discovered the JMUA citation as a part of his business duties

3.  The applicant provides:

* DA Form 4037 (Officer Record Brief)
* Joint Staff Permanent Order Number J-1SO-0207-09
* JMUA Citation

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 retired from the Regular Army on 30 June 2007. The DD Form 214 he was issued at the time of his retirement from active duty shows award of the JMUA (2nd Award) among other awards.
 
3.  The applicant's records, to include his Officer Record Brief (ORB), dated      27 March 2007, shows he was assigned to USSOCOM from 8 July 2003 through 29 June 2007.

4.  Joint Staff Permanent Order Number J J-1SO-0207-09, dated                          1 September 2009, announced the award of the JMUA to HQ, USSOCOM, for exceptionally meritorious achievement during the period 1 January 2005 to       31 March 2009.

5.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

The evidence shows HQ, USSOCOM, was awarded the JMUA for service during a period the applicant was assigned to this unit.  However, the award was announced after his DD Form 214 had been prepared and issued.  Therefore, it would be appropriate to correct his DD Form 214 at this time by adding award of the JMUA (3rd Award).





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.  deleting from his DD Form 214 for the period ending 30 June 2007 the JMUA (2nd Award) and 

     b.  adding to his DD Form 214 for the period ending 30 June 2007 the JMUA (3rd Award).



      _______ _ 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)                                         AR20140009852



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ABCMR Record of Proceedings (cont)                                         AR20140009852



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