RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 MARCH 2007
	DOCKET NUMBER:  AR20060009746 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.



	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Navy Unit Commendation, Marine Expeditionary Forces Medal (correctly known as the Marine Corps Expeditionary Medal), and the Kuwait Liberation Medal.  Additionally, he requests award of any other decorations and medals received by the 1st Tiger Brigade, 2nd Armored Division, 3rd Battalion, 41st Infantry Brigade.

2.  The applicant states that these awards were issued after his discharge from the United States Army in 1992.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), orders, and a bulletin, subject:  Awards Update.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 18 August 1992.  The application submitted in this case is dated       29 June 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show he enlisted in the Regular Army on 
17 February 1987.  After completion of basic and advanced individual training he was awarded military occupational specialty (MOS) 11B (Infantryman).  The applicant was honorably discharged on 18 August 1992 for physical disability with severance pay.

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 show the following awards:  Purple Heart; Army Commendation Medal w/V Device; Army Commendation Medal (1st OLC); Army Achievement Medal; Army Good Conduct Medal; National Defense Service Medal; Southwest Asia Service Medal w/3 Bronze Service Stars; Kuwait Liberation Medal; Army Service Ribbon; Overseas Service Ribbon; and Combat Infantryman Badge.  It is noted that the Kuwait Liberation Medal is listed on the applicant’s DD Form 214; therefore, it will not be discussed further in this Record of Proceedings.

5.  Item 18 (Remarks) of the applicant's DD Form 214 shows that he participated in the following campaigns:  Defense of Saudi; Liberation and Defense of Kuwait; and Southwest Asia Cease Fire.  The dates of deployment in support of these campaigns are not listed on the applicant’s DD Form 214. 

6.  The applicant provided a copy of General Orders Number 34, undated, that show the Navy Unit Commendation was awarded to 1st Tiger Brigade, 2nd Armored Division, for the period 14 August 1990 to 16 April 1991 while assigned or attached to the I Marine Expeditionary Force.  Additionally, the award update bulletin verifies that the Navy Unit Commendation was awarded to participating units with the I Marine Expeditionary Force.  The bulletin lists 1st Tiger Brigade, 2nd Armored Division, as one of the participating units.

7.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows that he was assigned to Saudi Arabia in a Temporary Duty Status from 10 October 1990 to 3 May 1991.  Orders 10-02 dated 15 March 1991 awarded the applicant the Purple Heart.  His unit of assignment is listed as B Company, 3/41st Infantry, 2nd Armored Division.  Additionally, Orders 51-43 dated 21 March 1991 awarded the applicant the Combat Infantry Badge, and lists his unit as 3d Battalion, 41st Infantry, 1st (Tiger) Brigade. 

8.  The Military Awards Branch of the U.S. Army Human Resources Command (USAHRC) provided a web site with an approved listing of units authorized unit awards.  The list shows that the 3d Battalion, 41st Infantry (Mechanized) was awarded the Navy Unit Commendation for the period 14 August 1990 to 16 April 1991 by the Department of the Army General Orders Number 34 dated 
30 December 1992.  There are no other awards listed for this battalion during the period in which the applicant was deployed.  

9.  Secretary of the Navy Instructions 1650.1H states, in pertinent part, that the Marine Corps Expeditionary Medal may only be awarded when Navy and Marine Corps units were the sole participants in a designated operation.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record verifies that the applicant was assigned to 3d Battalion, 41st Infantry during the period the unit was awarded the Navy Unit Commendation.  Therefore, he is entitled to correction of his records to show 
this award.
2.  The applicant is not eligible for award of the Marine Corps Expeditionary Medal. 

3.  A review of the applicant’s records does not reveal any entitlements to additional awards.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 August 1992; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
17 August 1995.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__WC___  ___EM __  __RN ___  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he is entitled to the Navy Unit Commendation. 

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 award of the Marine Corps Expeditionary Medal. 




_____   William Crain ______
          CHAIRPERSON



INDEX

CASE ID
AR20060009746
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070308
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.