IN THE CASE OF:
BOARD DATE: 10 November 2009
DOCKET NUMBER: AR20090011283
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, that any new awards not listed already be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant makes no additional statements.
3. In support of his request, the applicant provides a copy of his 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The evidence of record shows the applicant enlisted in the Army Reserve for eight years on 21 October 2002. He enlisted in the Regular Army for four years on 19 February 2003. Following completion of his required training, he was awarded primary military occupational specialty 11B, Infantryman.
3. The applicant served in Afghanistan from 11 March through 29 September 2004 with the 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.
4. The applicant was honorably discharged on 23 February 2005 for other designated physical or mental conditions under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-17. On the date of the applicant's discharge, he had completed 2 years and 5 days of net active service.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was provided shows he was awarded: the Army Lapel Button, Overseas Service Bars, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar. No other awards are shown on the applicant's DD Form 214.
6. A review of the US Army Human Resource Command's Data (HRCs) Base for approved unit awards was conducted for awards that may have been approved for the applicant's wartime unit since his separation. This data base revealed that the 2nd Battalion, 27th Infantry Regiment, was approved for award of the Meritorious Unit Commendation for the period 1 March 2004 through 1 April 2005; however, Department of the Army General Orders (DAGO) have not yet been published. A note is posted on the HRC's data base that unit awards listed on the site are authorized to be added to the Soldier's uniform/record. Copies of DAGOs are not added to a Soldiers Official Military Personnel Files (OMPF); therefore they are not necessary to update a record.
DISCUSSION AND CONCLUSIONS:
1. During the applicant's service in the Army, he was deployed to Afghanistan with his unit and served there from 11 March through 29 September 2004.
2. The applicant's unit was awarded the Meritorious Unit Commendation for the period 1 March 2004 through 1 April 2005. The appropriate DAGO has not yet been published. However, copies of DAGOs are not added to a Soldiers OMPF, therefore the DAGO is not necessary to update the Soldiers record.
3. Based on the available evidence, the applicant is entitled to have the Meritorious Unit Commendation added to his DD Form 214.
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 adding the Meritorious Unit Commendation 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) AR20090011283
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