BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110005805
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) to show the Meritorious Unit Commendation.
2. The applicant states the unit he served with in Iraq, 326th Engineer Battalion (Sapper Eagles), was awarded the Meritorious Unit Commendation.
3. The applicant provides the following documents:
* Unit Lineage and Honor Information
* DD Form 214
* DA Form 638 (Recommendation for Award)
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 23 September 1992 and held military occupational specialties 21B (Combat Engineer) and 21C (Bridge Crewmember). He served through multiple extensions or reenlistments and attained the rank of sergeant/E-5.
3. He served in Kosovo from 13 June 1999 to 5 December 1999. He also served in Kuwait/Iraq in support of Operation Iraqi Freedom from 28 February 2003 to 10 February 2004. He was assigned to A Company, 326th Engineer Battalion.
4. He was honorably discharged from active duty on 10 October 2004. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Meritorious Unit Commendation.
5. Department of the Army General Orders Number 3, dated 2007, awarded the 326th Engineer Battalion the Meritorious Unit Commendation for service from 19 March 2003 to 15 February 2004.
DISCUSSION AND CONCLUSIONS:
General orders awarded his unit of assignment in Kuwait/Iraq the Meritorious Unit Commendation for service from 19 March 2003 to 15 February 2004. Therefore, he is entitled to correction of his DD Form 214 to show this award.
BOARD VOTE:
___x____ ___x_____ ___x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 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) AR20110005805
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ABCMR Record of Proceedings (cont) AR20110005805
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