IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130014244
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) for the period ending 18 May 1991.
2. The applicant states:
* His unit earned the MUC during Operation Desert Storm and it is not included on his DD Form 214
* at the time the 719th Transportation Company did not know what unit citations they earned in Operation Desert Storm
3. The applicant provides a copy of his DD Form 214 for the period ending
18 May 1991.
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. The applicant was ordered to active duty from the Army National Guard on
28 September 1990 in support of Operation Desert Shield/Storm. He served as a motor transport operator in Southwest Asia from 8 November 1990 to 25 April 1991. On 18 May 1991, he was honorably released from active duty.
3. His DD Form 214 for the period ending 18 May 1991 does not show the MUC as an authorized award. His DD Form 214 shows his last duty assignment was the 719th Transportation Company.
4. The U.S. Army Human Resources Command (HRC) previously-approved unit awards and recently-approved unit awards databases do not show the 719th Transportation Company was cited for the award of the MUC while the applicant was assigned to the unit.
5. 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.
DISCUSSION AND CONCLUSIONS:
Although the applicant contends his unit was cited for award of the MUC, there is no evidence of record and he provides no evidence to support this contention. HRC's databases do not show the 719th Transportation Company was cited for award of the MUC while he was assigned to the unit. Therefore, there is insufficient evidence on which to base adding the MUC to his DD Form 214 for the period ending 18 May 1991.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x_____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20130014244
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ABCMR Record of Proceedings (cont) AR20130014244
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