IN THE CASE OF:
BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100009631
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Unit Commendation (MUC).
2. The applicant states her unit was awarded the MUC for service in support of Operation Iraqi Freedom (OIF) from April 2003 to April 2004.
3. The applicant provides a copy of her 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 applicant enlisted in the Regular Army on 15 February 2001 for a period of 3 years. She was awarded military occupational specialty 92F (petroleum supply specialist). She served in OIF from 13 April 2003 to 9 May 2003. On
16 June 2004, the applicant was honorably discharged by reason of disability with severance pay. She had completed 3 years, 4 months, and 2 of active service.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the MUC as an authorized award. Item 8a (Last Duty Assignment and Major Command) of her DD Form 214 shows the 53rd Quartermaster Petroleum Supply.
4. There are no orders for the MUC in the available records.
5. The Human Resources Command, Military Awards Branch, Recently Approved Unit Awards Register shows the 53rd Quartermaster Company was cited for the MUC for the period 14 April 2003 to 30 April 2004.
6. Army Regulation 600-8-22 (Military Awards) states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after
1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual.
DISCUSSION AND CONCLUSIONS:
The applicant's unit was cited for award of the MUC while she was assigned to it. Therefore, her DD Form 214 should be corrected to show this unit citation.
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 to item 13 of her DD form 214 the Meritorious Unit Commendation.
_________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) AR20100009631
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