Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130005512
Original file (20130005512.txt) Auto-classification: Approved

	

		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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130005512



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120002205

    Original file (20120002205.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 15 February 2004 to show award of the: * Iraq Campaign Medal (ICM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) * Valorous Unit Award (VUA) * Joint Meritorious Unit Award (JMUA) * Purple Heart (PH) 2. The applicant provides: *...

  • ARMY | BCMR | CY2011 | 20110012001

    Original file (20110012001.txt) Auto-classification: Approved

    It stated Reserve Component (RC) Soldiers mobilized to active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the AGCM. Award of the ARCAM requires the individual to complete 3 years of exemplary service in either the USAR or ARNG; however, the time served on active duty is not credited toward that 3-year period and the eligibility period starts the day after completion of active duty. As a result, the Board recommends denial of...

  • ARMY | BCMR | CY2015 | 20150001338

    Original file (20150001338.txt) Auto-classification: Denied

    He states the JMUA, MUC, and the Navy PUC were presented while he was assigned to the 194th Military Police (MP) Company, 716th MP Battalion, 101st Airborne Division. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. Therefore, in the absence of documentation to show he was assigned and/or attached to that company during the period the company was awarded the Navy PUC (21 March to 24 April 2003), there is...

  • ARMY | BCMR | CY2013 | 20130010909

    Original file (20130010909.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Meritorious Unit Commendation (MUC) * Overseas Service Ribbon (OSR) * Afghanistan Campaign Medal (ACM) with one bronze service star * Joint Meritorious Unit Award (JMUA) 2. The record shows the applicant was awarded the GWOTEM for his service in Afghanistan and served during one campaign. He served in the 2nd Battalion, 87th Infantry Regiment, during a period for which...

  • ARMY | BCMR | CY2009 | 20090013525

    Original file (20090013525.txt) Auto-classification: Approved

    The applicant requests correction of his discharge document to show award of the Iraq Campaign Medal (ICM) and the Joint Meritorious Unit Award (JMUA). However, the evidence the applicant provided in support of his application clearly specified that no service member shall be entitled to award of more than one of the medals for the same period of service and, upon application, a member may be awarded the ICM in lieu of the GWOTEM. The evidence of record shows the applicant's unit was...

  • ARMY | BCMR | CY2010 | 20100019354

    Original file (20100019354.txt) Auto-classification: Approved

    The applicant requests item 12f (Foreign Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she served in Operation Iraqi Freedom (OIF) and her records be reviewed to determine her eligibility for additional awards. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of OIF. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2015 | 20150002282

    Original file (20150002282.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 June 2007 to show award of the Army Reserve Components Overseas Training Ribbon (ARCOTR) and the Meritorious Unit Commendation (MUC) (3rd Award). On 5 July 2004, he was ordered to active duty in support of OEF. Army Regulation 600-8-22 (Military Awards) states the ARCOTR is awarded to members of the Reserve Components of the Army for successful completion of...

  • ARMY | BCMR | CY2013 | 20130005250

    Original file (20130005250.txt) Auto-classification: Approved

    The applicant states that his DD Form 214 does not contain a complete and accurate record of his military service. The evidence of record shows the applicant completed the 10-week Medical Specialist course in 2000. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 the: * Iraq Campaign Medal * Overseas Service Ribbon b. adding to item 13 of his DD Form 214 the: * Iraq Campaign...

  • ARMY | BCMR | CY2014 | 20140020937

    Original file (20140020937.txt) Auto-classification: Approved

    The applicant requests reconsideration of his previous request to correct his Army National Guard of the United States (ARNGUS) DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 December 2010 (signed 8 November 2010) to remove the following erroneous U.S. Marine Corps (USMC) and U.S. Navy (USN) awards from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Navy/Marine Corps Combat Action Ribbon (CAR) *...

  • ARMY | BCMR | CY2012 | 20120011186

    Original file (20120011186.txt) Auto-classification: Approved

    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) * Army Commendation Medal (ARCOM) (2nd Award) * Global War on Terrorism Expeditionary Medal (GWOTEM) in lieu of the Iraq Campaign Medal (ICM) for his service in support of Operation New Dawn (OND) 2. The applicant provides: * DD Form 214 WS-Automated (DD Form 214 Worksheet) for the period ending 16 June 2008 * DD Form 214...