Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130014244
Original file (20130014244.txt) Auto-classification: Denied

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130014244



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080010906

    Original file (20080010906.txt) Auto-classification: Denied

    His unit, the 660th Transportation Company, was awarded an “Exceptional Meritorious Citation.” They should have gotten an Army Commendation Medal or a Meritorious Service Medal for their actions. 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. While the available evidence is insufficient for awarding the applicant another Army Commendation Medal or a Bronze...

  • ARMY | BCMR | CY2013 | 20130008943

    Original file (20130008943.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: * Global War on Terrorism Expeditionary Medal (GWOTEM) * Meritorious Unit Commendation (MUC) * Army Achievement Medal (AAM) (5th Award) 2. The available evidence shows the applicant served a qualifying period of duty in Kuwait for award of the GWOTEM. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2011 | 20110025250

    Original file (20110025250.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 August 1991 to show his combat service and a combat specialty. His DD Form 214 for this period of service shows in: * Item 11 (Primary Specialty (List number, title, and years and months in specialty. His DA Form 2-1 (Personnel Qualification Record) shows in: * Item 5 (Overseas Service) he served in Saudi Arabia from 4 November 1990 to 22 July 1991 * Item 17...

  • ARMY | BCMR | CY2014 | 20140007253

    Original file (20140007253.txt) Auto-classification: Approved

    The applicant provides: * DD Forms 214, for the periods ending 2 June 1991 and 2 February 2004 * DD Form 215 (Correction to DD Form 214), for the period ending 2 February 2004 * a 79th Military Police (MP) Company (Combat Support) information document * a memorandum from the U.S. Army Human Resources Command (HRC) to the Commander, Coalition Forces Land Component Command, U.S. Army Forces Central Command, dated 11 June 2003, subject: MUC * a MUC Certificate CONSIDERATION OF EVIDENCE: 1. ...

  • ARMY | BCMR | CY2008 | 20080000696

    Original file (20080000696.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the dates of his foreign service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of his DD Form 214 for the period ending 30 June 2003 the entry "0000 00 00"; b. adding to item 12f of his DD Form 214 for the period ending 30 June 2003 the entry “0000 02 26”; c. adding...

  • ARMY | BCMR | CY2011 | 20110006328

    Original file (20110006328.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) to show he participated in combat operations and to show the Army Superior Unit Award (ASUA). The 1st Armored Division deployed to Saudi Arabia in preparation for entering Iraq, and an ARCOM certificate shows he also served in combat operations in Iraq and Kuwait. The record shows the applicant participated in Desert Shield/Storm, and his service coincided with three campaigns.

  • ARMY | BCMR | CY2013 | 20130008025

    Original file (20130008025.txt) Auto-classification: Approved

    The applicant requested that the Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon be added to his DD Form 214. His DD Form 214 currently shows he was awarded these awards. There are no orders in the available records and he did not provide any evidence that he was awarded or authorized the AAM or PUC during his period of active service.

  • ARMY | BCMR | CY2013 | 20130012681

    Original file (20130012681.txt) Auto-classification: Approved

    BOARD DATE: 13 August 2013 DOCKET NUMBER: AR20130012681 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states the DD Form 214 in question only shows 2 months and 14 days foreign service completed during deployment in support of Desert Storm. The evidence of record confirms the applicant's unit earned the MUC during his deployment to SWA.

  • ARMY | BCMR | CY2011 | 20110018099

    Original file (20110018099.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he: * served with the 24th Infantry Division (Mechanized) in Operation Desert Shield/Storm * received the Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal, and the National Defense Service Medal (NDSM) 2. The evidence of record shows the applicant deployed for service in Operation Desert Shield/Storm. Therefore, it would be appropriate to correct his DD Form 214...

  • ARMY | BCMR | CY2013 | 20130009860

    Original file (20130009860.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Southwest Asia (SWA) during Operations Desert Shield and Desert Storm during the period 13 January 1991 through 3 May 1991. The applicant's request for correction of his DD Form 214 for the period ending 12 December 1994 to show his service in SWA during Operations Desert Shield and Desert Storm was carefully considered. The evidence of record shows he...