IN THE CASE OF:
BOARD DATE: 20 February 2011
DOCKET NUMBER: AR20110012974
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 third award of the Joint Meritorious Unit Award (JMUA).
2. The applicant states he served with units that were awarded the JMUA seven years after his separation from the Army.
3. The applicant provides a DD Form 214, DA Form 2-1 (Personnel Qualification Record), memorandum dated 8 July 2002, and JMUA orders.
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 7 April 1995 and was awarded military occupational specialty 75B (Personnel Administrative Specialist) upon completion of initial entry training. He reenlisted on 10 April 1998 for 4 years.
3. Item 35 (Record of Assignments) of his DA Form 2-1 indicates he was assigned to the Special Operations Command, Pacific (SOCPAC) from 9 March 1999 to 30 September 2001 and to SOCPAC with duty at the Joint Interagency Coordination Group for Counterterrorism (JIACG/CT) from 1 October 2001 to 8 September 2002.
4. Joint Staff Permanent Orders Number J-ISO-0055-02, dated 6 March 2002, awarded the JMUA to Headquarters (HQ), U.S. Pacific Command, Camp Smith, Hawaii for the period 1 October 1998 to 31 December 2001.
5. In a memorandum dated 8 July 2002, the JIACG/CT, Chief, Personnel Division indicated the applicant had been officially assigned/attached to the JIACG/CT, U.S. Pacific Command, effective 1 October 2001 and was authorized to wear the JMUA.
6. He was released from active duty on 9 September 2002. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows, among other awards, the first award of the JMUA.
7. HQ, Department of the Army General Orders (DAGO) Number 2009-09, dated 29 October 2009, awarded the JMUA to HQ, U.S. Pacific Command for the period 1 January 2002 to 31 October 2004 and to HQ, SOCPAC for the period
30 June 2001 to 20 January 2004.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show three awards of the JMUA has been carefully considered.
2. He was released from active duty on 9 September 2002 and his DD Form 214 shows the first award of the JMUA. DAGO Number 2009-09, dated 29 October 2009, shows the JMUA was awarded to HQ, U.S. Pacific Command for the period 1 January 2002 to 31 October 2004 and to HQ, SOCPAC for the period
30 June 2001 to 20 January 2004. Evidence shows he was assigned to SOCPAC from 9 March 1999 to 30 September 2001 and to JIACG/CT, U.S. Pacific Command, from 1 October 2001 to 8 September 2002. Therefore, he served with these units during periods of qualifying service for the JMUA and is entitled to correction of his DD Form 214 to show two additional awards of the JMUA.
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 first award of the Joint Meritorious Unit Award from item 13 of his DD Form 214 and adding the third award of the Joint Meritorious Unit Award to his DD Form 214
_______ _ _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) AR20110012974
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ABCMR Record of Proceedings (cont) AR20110012974
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