IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120007171
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 all awards earned by his unit while in Iraq in support of Operation Enduring Freedom be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 8 June 2004.
2. The applicant states he was assigned to Company B, 389th Engineer Battalion from 15 March 2003 to May 2004 while they were deployed to Kuwait and Iraq. He understands they were awarded the Presidential Unit Citation (Army).
3. The applicant provides his:
* DD Form 214 with a separation date of 1 April 1998
* DD Form 214 with a separation date of 8 June 2004
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He enlisted in the U.S. Army Reserve (USAR) on 10 July 1997.
3. On 15 March 2003, he was ordered to active duty in support of Operation Enduring Freedom with Company B, 389th Engineer Battalion.
4. He was deployed to:
* Kuwait from 14 May to 9 June 2003
* Iraq from 9 June 2003 to 27 April 2004
5. On 8 June 2004, he was released from active duty. His DD Form 214 shows he was awarded or is authorized the:
* Army Commendation Medal
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Humanitarian Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon (2nd Award)
* Driver and Mechanic Badge
6. On 5 July 2005, he was discharged from the USAR.
7. The U.S. Army Human Resources Command (HRC) Military Awards Branch listing of recently approved unit awards shows the 389th Engineer Battalion was awarded the Meritorious Unit Commendation (Army) for the period 26 May to
18 December 2003.
8. Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.
DISCUSSION AND CONCLUSIONS:
1. The HRC listing shows his unit was awarded the Meritorious Unit Commendation (Army) during the period he was assigned to that unit. Therefore, this award should be added to his DD Form 214.
2. There is no evidence his unit was awarded the Presidential Unit Citation (Army) during the period he was assigned to the unit.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Meritorious Unit Commendation (Army) to his DD Form 214 with a separation date of 8 June 2004.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Presidential Unit Citation (Army).
_______ _ _______ ___
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) AR20120007171
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120007171
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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