IN THE CASE OF:
BOARD DATE: 5 June 2012
DOCKET NUMBER: AR20110024130
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 his 6 July 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding a 2nd award of the Meritorious Unit Commendation (MUC).
2. The applicant states his DD Form 214 currently shows one MUC which was awarded for 2004 service during his first deployment; however, it should show a 2nd award of the MUC for his deployed service with the 2nd Brigade,
1st Armored Division in 2006.
3. The applicant provides the 4 documents listed in his application in support of his request.
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 evidence of record shows that while serving as a member of the U.S. Army Reserve (USAR) in the 368th Engineer Battalion the applicant was deployed to Iraq from 11 April 2003 through 2 March 2004. During his tenure of assignment, the unit was awarded the MUC for the period 16 May through
16 November 2003.
3. The record further shows while serving in the Regular Army the applicant was deployed to Iraq and served with 4th Battalion, 27th Field Artillery, 2nd Brigade, 1st Armored Division from 20 November 2005 through 7 November 2006.
4. On 6 July 2008, the applicant was honorably released from active duty, in the rank of sergeant (SGT), after completing 4 years of active military service during the period. The DD Form 214 he was issued includes one award of the MUC in the earned awards listed.
5. The U.S. Army Human Resources Command Military Awards Branch Unit Awards Website shows the MUC was awarded to the 1st Armored Division,
2nd Brigade, Combat Team, which included the applicants unit, 4th Battalion, 27th Field Artillery, for the period 7 November 2005 through 15 November 2006 in Permanent Orders 365-27.
DISCUSSION AND CONCLUSIONS:
The applicants request to add the 2nd Award of the MUC to his 6 July 2008
DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms the applicants unit earned the MUC during his tenure of assignment in Iraq between 2005 and 2006. Therefore, it would be appropriate to amend his DD Form 214 for the period ending 6 July 2008 to show two awards of the MUC.
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 amending his 6 July 2008 DD Form 214 by deleting the current Meritorious Unit Commendation entry and replacing it with the entry Meritorious Unit Commendation (2nd Award).
_______ _ ___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) AR20110024130
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ABCMR Record of Proceedings (cont) AR20110024130
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