IN THE CASE OF:
BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120011117
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 award of the Meritorious Unit Commendation (MUC).
2. The applicant states he was a member of the 515th Engineer Company, Task Force 864, during the period 30 December 1990 to 15 August 1991, when the unit was awarded the MUC.
3. The applicant provides the following documents:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Orders 363-1, U.S. Army Engineer Center and Fort Leonard Wood, MO, dated 29 December 1989
* DA Form 2446 (Request for Orders), 136th Engineer Brigade, dated 6 December 1990
* Permanent Orders 204-1, U.S. Army Engineer Center and Fort Leonard Wood, MO, dated 7 December 1990
* Flight Manifest "Desert Shield," 515th Engineer Company
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. Orders 363-1, U.S. Army Engineer Center and Fort Leonard Wood, MO, dated 29 December 1990, assigned the applicant to the 515th Engineer Company with a reporting date of 8 January 1990.
3. Permanent Orders 204-1, U.S. Army Engineer Center and Fort Leonard Wood, MO, dated 7 December 1990, assigned the main body of the 515th Engineer Company to Dhahran Air Force Base, Saudi Arabia effective not later than 28 December 1990 in support of Operation Desert Shield. The applicant's name is listed on the attached personnel listing.
4. The 515th Engineer Company Flight Manifest "Desert Storm" provided by the applicant shows his name.
5. On 15 September 1992, the applicant was discharged. He had attained the rank of sergeant first class, pay grade E-7, and had completed 16 years,
4 months, and 11 days of creditable active duty service.
6. The applicant's DD Form 214, as corrected by a DD Form 215, shows the following awards:
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Army Service Ribbon
* Overseas Service Ribbon with Numeral Three
* Noncommissioned Officer Professional Development Ribbon with Numeral Three
* Army Good Conduct Medal (5th Award)
* Humanitarian Service Medal
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Meritorious Service Medal
* Driver and Mechanic Badge
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Korea Defense Service Medal
7. General Orders No 12, Department of the Army, dated 13 May 1994, announced award of the MUC to the 515th Engineer Company, 864th Engineer Battalion, Task Force 864, for exceptionally meritorious conduct in the performance of outstanding duty during the period 30 December 1990 to
15 August 1991.
DISCUSSION AND CONCLUSIONS:
The available evidence clearly shows that the applicant was assigned to the 515th Engineer Company during the period in question, and that he had indeed served in support of Operation Desert Shield. Therefore, his DD Form 214 should be corrected to show award 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 adding the MUC 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) AR20120011117
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ABCMR Record of Proceedings (cont) AR20120011117
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