IN THE CASE OF:
BOARD DATE: 6 May 2010
DOCKET NUMBER: AR20090018328
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the award of the Joint Meritorious Unit Award with V Device instead of the Joint Meritorious Unit Award (JMUA).
2. The applicant states that the clerk who prepared his DD Form 214 omitted the V Device from the JMUA.
3. The applicant provides a copy of his DD Form 214 and a copy of his DA Form 2-1 (Personnel Qualification Record Part II).
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 applicant enlisted in the Regular Army on 5 April 1989 and served until he was honorably discharged in the pay grade of E-5 on 23 June 1997. He had served 8 years, 2 months and 19 days of total active service.
3. The applicant's DD Form 214 issued at the time of discharge shows he was awarded the JMUA. The orders authorizing the award show the United States Central Command was awarded the JMUA for exceptionally meritorious service during the period 2 August 1990 to 21 April 1991. The applicant served in Southwest Asia from 19 September 1990 to 15 April 1991.
4. DOD Instruction 1348.33 (Military Awards Program) provides, in pertinent part, that the JMUA 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 that which is 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 JMUA 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 JMUA.
5. Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the bronze V Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze V Device in conjunction with awards of the Army Commendation Medal, the Air Medal, the Joint Service Commendation Medal (JSCM) and the Bronze Star Medal. Although more than one award of the Army Commendation Medal or the Air Medal or the Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one V Device may be worn on awards of the Army Commendation Medal, the Air Medal, the JSCM or the Bronze Star Medal for heroism.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his award of the JMUA should be corrected to reflect a V" Device has been noted and appears to lack merit.
2. The orders awarding the JMUA do not reflect that a V Device was awarded and the applicable regulation does not authorize a V Device for this award.
3. Therefore, in the absence of evidence to the contrary, there appears to be no basis to grant his request.
4. In order to justify correction of a military record the applicant must show 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:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20090018328
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ABCMR Record of Proceedings (cont) AR20090018328
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