IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110001874 


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, reconsideration for award of the Armed Forces Reserve Medal with "M" Device.  He also requests award of the Meritorious Unit Commendation.

2.  The applicant states:

* He is inquiring about the possibility of being issued the Armed Forces Reserve Medal with "M" Device for his mobilization
* He volunteered for military service in the Persian Gulf War and he was assigned to the 299th Engineer Battalion
* He was assigned to Company D which was an Army Reserve unit activated for service in the Persian Gulf War
* He also served with other engineer units but his primary assignment/orders was with the 299th Engineer Battalion
* The 299th Engineer Battalion was awarded the Meritorious Unit Commendation for its service in the Persian Gulf War

3.  The applicant provides:

* An undated letter from his former platoon leader
* His DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Two DD Forms 215 (Correction to DD Form 214)


* Documentation pertaining to the Armed Forces Reserve Medal with "M" Device and the Meritorious Unit Commendation
* Lineage and honors information for the 299th Engineer Battalion 

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant requested award of the Armed Forces Reserve Medal with "M" Device.  This issue was previously considered by the ABCMR on 17 January 2007 per Docket Number AR20060006864 and denied.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  The staff of the ABCMR reviewed the applicant's request and determined his request pertaining to award of the Armed Forces Reserve Medal with "M" Device was not received within one year of the ABCMR's original decision.  Additionally, he did not provide any new evidence that would warrant reconsideration of his request for this award.  As a result, his request pertaining to this issue does not meet the criteria for reconsideration.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  He enlisted in the Regular Army on 14 August 1990 for a period of 3 years.  He completed his training and he was awarded military occupational specialty 12B (combat engineer).  He served in Southwest Asia from 1 February 1991 through 22 April 1991.  On 4 December 1992, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. 


4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Meritorious Unit Commendation as an authorized award.

5.  He provided an undated letter from his former platoon leader who states the applicant was assigned to the 299th Engineer Battalion from January 1991 through April 1991.

6.  The U.S. Army Human Resources Command, Military Awards Branch, Previously Approved Unit Awards Register shows the 299th Engineer Battalion was cited for award of the Meritorious Unit Commendation for actions during the period 5 October 1990 through 20 March 1991 by Department of the Army General Orders Number 12, dated 13 May 1994.

7.  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:

1.  The applicant contends he was assigned to the 299th Engineer Battalion during his deployment in Southwest Asia from 1 February 1991 through 22 April 1991.

2.  The Military Awards Branch Previously Approved Unit Awards Roster shows the 299th Engineer Battalion was awarded the Meritorious Unit Commendation for the period 5 October 1990 to 20 March 1991.

3.  The letter provided by the applicant's former platoon leader states the applicant was assigned to the 299th Engineer Battalion from January 1991 through April 1991, which is accepted as sufficient evidence in which to show entitlement to the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected 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 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)                                         AR20110001874



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ABCMR Record of Proceedings (cont)                                         AR20110001874



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