IN THE CASE OF:
BOARD DATE: 24 November 2009
DOCKET NUMBER: AR20090011457
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 the Meritorious Unit Commendation (MUC) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, his unit was awarded the MUC for the period February 2006 through July 2007, and he is requesting it be added to his record and DD Form 214 at this time.
3. The applicant provides his DD Form 214 and a United States Army Human Resources Command (HRC), Military Awards Branch (MAB) data sheet in support of 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 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. On 27 July 2008, the applicant was honorably released from active duty under the provisions of chapter 4, Army Regulation 635-200 (Personnel Separations), by reason of completion of required active service and transferred to the United States Army Reserve Control Group (Reinforcement) to complete his military service obligation. The DD Form 214 he was issued at the time confirms he completed a total of 3 years, 4 months, and 4 days of active military service.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's 27 July 2008 DD Form 214 shows he earned the following awards during his tenure on active duty: Army Commendation Medal (ARCOM) 2nd Award, Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Global War on Terrorism Service Medal (GWOTSM), Noncommissioned Officer Professional Development Ribbon (NCOPDR), Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), North Atlantic Treaty Organization (NATO) Medal, Combat Action Badge (CAB), and Afghanistan Campaign Medal with 2 bronze service stars. Item 18 (Remarks) shows he served in Afghanistan during the period 12 February 2006 through 21 June 2007.
4. The applicant's Official Military Personnel File (OMPF) contains Headquarters, Combined/Joint Task Force 76, Operation Enduring Freedom, Bagram Airfield, Afghanistan, Permanent Orders Number 327-020, dated 23 November 2006, which awarded the applicant the CAB for being engaged by enemy direct fire on 29 August 2006, which assigned to Task Force Spartan, Unit Identification Code (UIC) WJJQAA. It also contains an Army Commendation Medal (ARCOM) certificate, dated 14 August 2008, which shows he was awarded the ARCOM for exceptionally meritorious service while assigned to the 3rd Squadron, 71st Cavalry Regiment during the period 15 November 2007 through 27 July 2008.
5. The applicant provides an HRC, MAB data sheet that confirms the 3rd Brigade Combat Team, 10th Mountain Division (UIC WJJQAA) was awarded the MUC for exceptionally meritorious service during the period 28 February 2006 through 27 February 2007. HRC Permanent Orders (PO) 126-09, dated 6 May 2009, awarded the MUC to Headquarters, 3rd Brigade Combat Team, 10th Mountain Division, and its subordinate units for displaying exceptionally meritorious service in support of Operation Enduring Freedom.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 of contains guidance on the preparation of the DD Form 214 and states, in pertinent part, that all awards will be entered in item 13 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that he is eligible for the MUC was carefully considered and found to have merit. The evidence of record confirms the applicant served in Task Force Spartan, which was assigned to the 3rd Brigade Combat Team, 10th Mountain Division (UIC WJJQAA), during the period February 2006 through June 2007. It further shows that during his tenure of assignment, the MUC was awarded to his unit for the period 28 February 2006 through 12 February 2007, as evidenced by HRC Permanent Orders 126-09, dated 6 May 2009. Therefore, it would be appropriate to add this award to his DD Form 214 at this time.
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 showing his entitlement to award of the Meritorious Unit Commendation and by issuing a correction to his DD Form 214 that includes this 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) AR20090011457
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