IN THE CASE OF:
BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120006104
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 add the Meritorious Unit Commendation (MUC).
2. The applicant states the MUC was awarded after his separation so it was never added to his official military record.
3. The applicant provides Permanent Orders 115-06, issued by the U.S. Army Human Resources Command, Alexandria, VA, on 24 April 2008.
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 Minnesota Army National Guard on 12 April 2005. He was honorably discharged on 15 January 2008.
3. His record includes a DD Form 214 covering the period 8 September 2006 to 8 November 2007. Item 8a (Last Duty Assignment and Major Command) shows at the time of his release from active duty he was assigned to Company B,
3rd Combined Arms Battalion, 194th Armor.
4. Item 18 (Remarks) shows he was ordered to active duty in support of Operation Iraqi Freedom and he served in Iraq during the period 27 November 2006 to 10 October 2007.
5. A review of his record in the interactive Personnel Electronic Records Management System (iPERMS) failed to reveal any documentation showing he was assigned to Company B, 1st Battalion, 194th Armored Regiment during his period of service.
6. Permanent Orders 115-06, dated 24 April 2008, awarded the MUC to Company B, 1st Battalion, 194th Armored Regiment for meritorious service during the period 27 November 2006 to 10 November 2007.
7. Army Regulation 670-1 (Uniforms and Insignia - Wear and Appearance of Army Uniforms and Insignia) provides the criteria for permanent wear of unit awards. It states a Soldier may wear a unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or if the individual was attached by competent orders to, and present for duty with the unit during the entire period, or for at least 30 consecutive days of the period cited.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his DD Form 214 be corrected to add the Meritorious Unit Commendation (MUC).
2. The available documentation does not show he was assigned to Company B, 1st Battalion, 194th Armored Regiment during the period for which the unit was cited for award of the MUC.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20120006104
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