IN THE CASE OF:	  

		BOARD DATE:	       25 JUNE 2009

		DOCKET NUMBER:  AR20080019357 


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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM) and two awards of the Joint Meritorious Unit Award (JMUA).

2.  The applicant states, in effect, the MSM was not added to her DD Form 214 because it was being processed by the chain of command at the time of her discharge.  She adds that the JMUA is also missing from her DD Form 214.

3.  The applicant provides a DD Form 214, orders for the JMUA, award citations for the JMUA, a DA Form 638 (Recommendation for Award) for the MSM, an award certificate for the MSM, a memorandum and by-name listing from the 6th Psychological Operations Battalion (Airborne), Subject:  Award of the NATO Medal, and a web page with JMUA information in support of this 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 enlisted in the Regular Army (RA) on 31 August 1994 and upon completion of basic combat and advanced individual training she was awarded military occupational specialty (MOS) 31F (MSE Network Switching Systems Operator).  She reenlisted on 9 September 1997 and was honorably released from active duty on 11 July 2001 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining Reserve obligation.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the MSM or any award of the JMUA.

3.  On a DA Form 638, dated 29 May 2001, the applicant was recommended for award of the MSM for the period 3 April 1995 to 12 August 2001.  Headquarters, U.S. Army Special Operations Command (USASOC), Fort Bragg, NC, Permanent Orders Number 178-15, dated 27 June 2001, awarded her the MSM for the period 3 April 1995 to 12 August 2001.

4.  The applicant provided orders and award citations for the JMUA which show that Headquarters, Joint Task Force Shining Hope, Einsiedlerhof, Germany, was awarded the JMUA for the period 3 April 1999 to 1 July 1999 and Headquarters, Joint Task Force Noble Anvil, Naples, Italy, was awarded the JMUA for the period 31 January 1999 to 20 July 1999.

5.  The memorandum and by-name listing from the 6th Psychological Operations Battalion (Airborne) shows the applicant was awarded the North Atlantic Treaty Organization (NATO) Medal for service in support of Kosovo Operations.

6.  Department of Defense Instruction (DODI) 1348.33 (Military Awards Program) provides, in pertinent part, that the Joint Meritorious Unit Award was authorized by the Secretary of Defense on 10 June 1981.  It is awarded to recognize joint units and activities for meritorious achievement or service, superior to those which are normally expected.  Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation or extraordinary circumstances and should be operational in nature.  The Joint Meritorious Unit Award may not be awarded to any DOD activity which has received any other unit award for the same achievement or period of service.  An oak leaf cluster is authorized for wear for each additional award of the Joint Meritorious Unit Award.



DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the MSM.  Therefore, she is entitled to have her records corrected to show this award.

2.  The orders and citation provided by the applicant for award of the JMUA show that the JMUA was awarded to Headquarters, Joint Task Force Shining Hope, Einsiedlerhof, Germany, during the period 3 April 1999 to 1 July 1999 and to Headquarters, Joint Task Force Noble Anvil, Naples, Italy, during the period 
31 January 1999 to 20 July 1999.  However, there is no evidence in the applicant's records, such as official orders, and she did not provide any evidence showing she was assigned or attached to these units during the period for which they were awarded the JMUA.  As a result, there is insufficient evidence to show she is entitled to this unit award or an oak leaf cluster to be affixed to the same.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X____  ____X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of the applicant's DD Form 214 the Meritorious Service Medal.

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 two awards of the JMUA.



      __________XXX____________
               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)                                         AR20080019357



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ABCMR Record of Proceedings (cont)                                         AR20080019357


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