IN THE CASE OF:
BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130006402
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) for the period ending 31 October 1993 to show award of the Meritorious Unit Commendation (MUC).
2. The applicant states Headquarters and Headquarters Company (HHC), 101st Airborne Division, was awarded the MUC for service during Operations Desert Shield/Desert Storm and he was assigned to this unit during this period.
3. The applicant provides an excerpt of Department of the Army General Orders (DAGO) Number 27, dated 27 December 1994.
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. After having prior service in the Regular Army and U.S. Army Reserve, the applicant again enlisted in the Regular Army on 6 June 1972.
3. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he was assigned to HHC, 101st Airborne Division, from 8 June 1988 through 6 June 1992.
4. He retired on 31 October 1993. His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), dated 26 September 2008, shows he served in Southwest Asia from 1 August 1990 through 15 April 1991. The MUC is not shown as an authorized award.
5. DAGO Number 27, dated 27 December 1994, awarded the MUC to HHC, 101st Airborne Division, for service during the period 18 August 1990 through
4 April 1991.
6. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The evidence shows HHC, 101st Airborne Division, was awarded the MUC for service during the period 18 August 1990 through 4 April 1991 and the applicant was assigned to this unit during this period. Therefore, he is entitled to correction of his DD Form 214 for the period ending 31 October 1993 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 the evidence presented is 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 award of the MUC to his DD Form 214 for the period ending 31 October 1993.
_______ _ 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) AR20130006402
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ABCMR Record of Proceedings (cont) AR20130006402
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