IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130007719
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 (MUC) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) as proof he was a combat Soldier.
2. The applicant states:
* his DD Form 214 does not show he received the MUC while he served with Battery A, 2nd Battalion, 319th Airborne Field Artillery Regiment
* his DD Form 214 only shows he served in Southwest Asia from 19 August 1990 to 5 April 1991
* his unit was awarded this commendation after his departure
* he has sought treatment at the Department of Veterans Affairs for the past 5 years for post-traumatic stress disorder (PTSD) related issues
* he was treated and diagnosed many times for many things, but without proof of combat
* since his records indicate "No Combat," PTSD was not an appropriate diagnosis
* his DD Form 214 should reflect he was awarded the MUC as proof of his combat
3. The applicant provides:
* Lineage of Honors for the 2nd Battalion, 319th Field Artillery Regiment
* Excerpt on 2nd Battalion (Airborne), 319th Field Artillery Regiment
* 82nd Airborne Division certificate
* Award certificate for the Army Commendation Medal
* DA Form 2-1 (Personnel Qualification Record)
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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. The applicant enlisted in the Regular Army on 31 October 1986. He completed his training and he was awarded military occupational specialty (MOS) 13B (cannon crewmember) and later MOS 29E (radio repairer). He served in Southwest Asia from 19 August 1990 to 5 April 1991.
3. He provides an award certificate, dated 17 September 1991, for the Army Commendation Medal for meritorious service while assigned to Battery A,
2nd Battalion, 319th Airborne Field Artillery Regiment during the period 1 April 1988 to 1 April 1991.
4. On 23 March 1998, he was honorably discharged by reason of physical disability (severance pay).
5. His DD Form 214 does not show the MUC as an authorized award.
6. The U.S. Army Human Resources Command, Military Awards Branch, Recently Approved Unit Awards Register shows the 2nd Battalion, 319th Field Artillery Regiment was cited for award of the MUC for service during the period 28 August 1990 to 15 March 1991 by Department of the Army General Orders Number 1, dated 31 March 1996.
7. Army Regulation 600-8-22 (Military Awards) states the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant was assigned to Battery A, 2nd Battalion, 319th Airborne Field Artillery during his deployment in Southwest Asia from 19 August 1990 to 5 April 1991.
2. The Military Awards Branch Previously Approved Unit Awards Roster shows the applicant's unit (2nd Battalion, 319th Field Artillery) was awarded the MUC for the period 28 August 1990 to 15 March 1991. Therefore, his DD Form 214 should be corrected to show this unit award.
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) AR20130007719
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ABCMR Record of Proceedings (cont) AR20130007719
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