IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005853
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 the Navy Unit Commendation be added to item
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and the entry "USN/USMC PRES [Presidential] UNIT CITATION" be removed.
2. The applicant states:
a. he wants the entry "USN/USMC PRES UNIT CITATION" replaced with the Navy Unit Commendation.
b. he was assigned to 2nd Battalion, 3rd Field Artillery (FA) Regiment, 1st Brigade, 1st Armored Division while deployed to Iraq during the period January 2006 to February 2007.
c. during this time the 2nd Battalion, 3rd FA and 1st Brigade were assigned to the 1st Marine Expeditionary Force in Iraq.
d. the Navy Unit Commendation was approved after his discharge on 30 April 2007.
3. The applicant provides:
* DD Form 214
* Navy Unit Commendation citation for I Marine Expeditionary Force
* I Marine Expeditionary Force Navy Unit Commendation Unit List
* Email, dated 18 January 2011
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. He entered active duty on 27 June 1998 and served as a field artillery officer. On 30 April 2007, he was honorably discharged in the rank of captain.
3. Item 8a (Last Duty Assignment and Major Command) of his DD Form 214 shows he was assigned to 2nd Battalion, 3rd FA, HHB [Headquarters and Headquarters Battery]. Item 13 of his DD Form 214 shows, among other awards, the "USN/USMC PRES UNIT CITATION." Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 5 May 2003 to 4 July 2004 and from
17 January 2006 to 16 February 2007.
4. His Officer Evaluation Report covering the period 16 February 2005 to
15 February 2007 shows he was assigned to HHB, 2nd Battalion, 3rd FA Regiment, 1 BCT [Brigade Combat Team], 1 AD [Armored Division] in Iraq.
5. He provided a Navy Unit Commendation citation which shows it was awarded to the I Marine Expeditionary Force (Forward) for exceptionally meritorious service during assigned missions from 28 February 2006 to 9 February 2007 in Iraq. He also provided a list of units eligible for the award. His unit (2nd Battalion, 3rd FA) is shown as an eligible unit for the award.
DISCUSSION AND CONCLUSIONS:
1. His unit was cited for award of the Navy Unit Commendation while he was assigned to it in Iraq in 2006/2007. His DD Form 214 should be corrected to show this unit commendation.
2. Per the applicant's request, the entry "USN/USMC PRES UNIT CITATION" should be removed from item 13 of his DD Form 214.
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 deleting the entry "USN/USMC PRES UNIT CITATION" in item 13 of his DD Form 214 and replacing it with the entry "NAVY 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) AR20110005853
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