IN THE CASE OF:	  

		BOARD DATE:	  	  19 February 2009

		DOCKET NUMBER:  AR20080013886 


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, the Presidential Unit Citation and the Joint Service Achievement Medal.

2.  The applicant states, in effect, that the 716th Military Police Battalion, Fort Campbell, Kentucky was attached to the 1st Marine Division Expeditionary Forces for 12 months.  The applicant adds that they were awarded the Presidential Unit Citation and the Joint Service Achievement Medal.   

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) and 17 pages of information from various websites in support of his application.  He also states that he has provided a deployment order for Iraq that was not attached to his application.  

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 record shows that he enlisted in the Regular Army and entered active duty on 15 September 1998.  He was trained in and awarded military occupational specialty (MOS) 95B (Military Police) and he served in this MOS for 4 years and 11 months.  The highest rank that he attained was sergeant (SGT)/pay grade E-5.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows that during his active duty tenure, he served with the 39th Adjutant General Battalion, Fort McClellan, Alabama; B Company, 787th Military Police Battalion, Fort McClellan, Alabama; the 58th Military Police Battalion, Schofield Barracks, Hawaii; and the 194th Military Police Company, Fort Campbell, Kentucky.  

4.  The applicant's Official Military Personnel File (OMPF) is void of any orders, certificates, or other documents that indicate he was ever recommended for or awarded the Joint Service Achievement Medal by proper authority while serving on active duty.  

5.  On 20 December 2003, the applicant was honorably released from active duty, in the rank of SGT, by reason of completion of required active service.  The DD Form 214 he was issued at the time confirms he completed a total of 
5 years, 3 months, and 6 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officers Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Overseas Service Bar, Multinational Force and Observers Medal, Expert Marksmanship Qualification Badge with 9MM Pistol bar, Expert Marksmanship Qualification Badge with Hand Grenade bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) bar, and the Assault Badge.  The Presidential Unit Citation and the Joint Service Achievement Medal were not included in the list awards on his DD Form 214.

6.  The United States Army Human Resources Command Military Awards website failed to show that either his company or battalion was authorized the Presidential Unit Citation during the time the applicant was there.  


7.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  The Joint Service Achievement Medal was authorized by the Secretary of Defense on 3 August 1983.  It is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his unit was awarded the Presidential Unit Citation and he was awarded the Joint Service Achievement Medal was carefully considered.  However, there is insufficient evidence to support this claim.

2.  The applicant submitted with his application 17 pages of historical information from a website about the Army's 716th Military Police Battalion and the 1st Marine Expeditionary Force.  However, he did not provide any evidence which shows his unit was awarded the Presidential Unit Citation or that he was awarded the Joint Service Achievement Medal.  A check of the approved unit awards on the United States Army Human Resources Command Military Awards website failed to show that either his company or battalion was awarded the Presidential Unit Citation. 

3.  The applicant's record is void of any orders, certificates, or other documents to show he or his unit was authorized any of the awards in question by proper authority while serving on active duty. 

4.  Absent any evidence that he met the eligibility requirements for any of these awards, or that he or his unit was awarded them by proper authority while serving on active duty, there is an insufficient evidentiary basis to support granting the requested relief. 

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.

ABCMR Record of Proceedings (cont)                                         AR20080013886



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ABCMR Record of Proceedings (cont)                                         AR20080013886



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