IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100017813
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 April 2004 to show the Navy Achievement Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), and Meritorious Unit Commendation (MUC).
2. The applicant states:
* he was a member of the unit when the awards were authorized for wear
* he was discharged from the unit and Marine Corps prior to his unit receiving orders
3. The applicant provides:
* a roster which shows awards of the 22nd Marine Expeditionary Unit
* a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 7 November 2008
* a DD Form 214
* DD Form 215 (Correction to DD Form 214), dated 7 October 2004
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's requested that the Navy Achievement Medal and the GWOTEM be added to his DD Form 214. His DD Form 214 currently shows he was awarded the Navy and Marine Corps Achievement Medal and the GWOTEM. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. Having prior active service in the U.S. Marine Corps, the applicant enlisted in the Ohio Army National Guard (OHARNG) on 8 November 2002 for a period of
6 years. He was ordered to active duty on 10 February 2003 in support of Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF). He served in Kuwait/Iraq from 11 April 2003 to 18 March 2004. He was released from active duty on 4 April 2004 by reason of completion of required active service. He was reverted to the OHARNG. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the MUC as an authorized award.
4. The applicant was honorably discharged from the OHARNG on 7 November 2008 by reason of expiration of term of service.
5. Permanent Orders 123-08, issued by U.S. Army Human Resources Command, Alexandria, VA, (HRC-ALEX), dated 3 May 2010, awarded Headquarters and Headquarters Company, 371st Support Group the MUC for exceptionally meritorious service during the period 10 April 2003 to 19 March 2004.
6. OHARNG, Headquarters, 371st Sustainment Brigade, Kettering, OH, memorandum, subject: Award of the Meritorious Unit Commendation, dated
19 July 2010, requested the applicant be awarded the MUC for service with Headquarters and Headquarters Company, 371st Support Group during the period 10 April 2003 to 19 March 2004.
DISCUSSION AND CONCLUSIONS:
Evidence shows the unit to which the applicant was assigned in Kuwait/Iraq was cited for award of the Meritorious Unit Commendation by permanent orders issued by HRC-ALEX. Therefore, the applicant is entitled to the MUC and correction of his DD Form 214 to show this unit award.
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 his DD Form 214 for the period ending 4 April 2004 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) AR20100017813
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ABCMR Record of Proceedings (cont) AR20100017813
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