BOARD DATE: 14 November 2013
DOCKET NUMBER: AR20130005512
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 the Meritorious Unit Commendation (Army) and the Joint Meritorious Unit Award be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was assigned to the units these awards were given to at the specific times they were awarded for; however, because he was no longer with the units when the actual citations were awarded he never received the awards or medals.
3. The applicant provides:
* a memorandum from Headquarters, 1st Personnel Command Unit, dated
14 March 2005, Subject: Joint Meritorious Unit Award (JMUA)
* a memorandum from the U.S. Army Human Resources Command (HRC), dated 9 December 2005, Subject: Meritorious Unit Commendation (MUC)
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 on 16 August 2000 in the Regular Army. He immediately reenlisted on 29 September 2003 and on 10 February 2007. He served in Kuwait/Iraq from 9 March 2003 to 14 February 2004.
3. His Enlisted Record Brief (ERB) shows he was assigned to the 28th Combat Support Hospital from 9 March 2003 to 14 February 2004.
4. His ERB does not show he was assigned to Headquarters, Combined Joint Task Force (CJTF)-7. There are no orders or other evidence in his Army Military Human Resource Record (AMHRR) showing he was assigned to Headquarters, CJTF-7.
5. On 18 September 2007, he was discharged with a general discharge under honorable conditions. His DD Form 214 does not show he is authorized the MUC or the JMUA.
6. A memorandum from Headquarters, 1st Personnel Command Unit, dated
14 March 2005, Subject: Joint Meritorious Unit Award (JMUA), provided by the applicant, states the Chairman, Joint Chiefs of Staff approved the award of the JMUA to Headquarters, CJTF-7, Baghdad, Iraq for exceptionally meritorious achievement from 15 June 2003 - 14 May 2004. Members must have been assigned or attached by official orders to CJTF-7 to receive the JMUA for the period cited and directly participated for 30 days or more in the service or achievement.
7. A memorandum from HRC, dated 9 December 2005, Subject: Meritorious Unit Commendation (MUC), provided by the applicant, states the recommendation for the award of the MUC to the 28th Combat Support Hospital, 30th Medical Brigade for the period 10 March 2003 to 1 December 2003 has been approved.
DISCUSSION AND CONCLUSIONS:
1. The applicant's ERB shows he was assigned to the 28th Combat Hospital during the period the unit was awarded the MUC. Therefore, he is authorized to have this award added to his DD Form 214.
2. There is no evidence available showing the applicant was assigned to CJTF-7 during the period the unit was awarded JMUA. Therefore, there is insufficient evidence to add this award to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x_____ __x______ _x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 amending his DD Form 214 to add the Meritorious Unit Commendation (Army) .
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 Joint Meritorious Unit 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) AR20130005512
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ABCMR Record of Proceedings (cont) AR20130005512
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