IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130016056
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 on 3 August 2005 to show the Meritorious Unit Commendation (MUC) (Navy) and the Meritorious Service Medal (MSM).
2. He states he did not receive the MSM order until after he retired from the Army. He maintains that he received the Navy MUC in 2004 while working with the Navy at Lakehurst, NJ.
3. He provides the MUC citation and DA Form 638 (Recommendation for Award) with MSM certificate.
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 U.S. Marine Corps (USMC), on 26 February 1977 the applicant enlisted in the U.S. Army Reserve (USAR). On 25 February 2003, he was ordered to active duty in support of Operation Enduring Freedom. He served on active duty for 1 year and was honorably released from active duty (REFRAD) on 24 February 2004.
3. On 6 February 2005, he was ordered to active duty in support of Operation Iraqi Freedom. He served in Iraq from 19 February 2005 to 16 July 2005. He was honorably REFRAD on 3 August 2005 and he was credited with completing 5 months and 28 days of active duty service.
4. The applicant's DD Forms 214 for the periods ending on 26 February 2004 and 3 August 2005 do not show award of the MUC (Navy) or the MSM.
5. The Chief of Naval Operations citation shows the applicant was presented the MUC for meritorious service from 1 October 2001 to 31 October 2003 in support of the Naval Air Engineering Station and Naval Air Warfare Center Aircraft Division, Lakehurst, NJ. The citation reads that personnel consistently demonstrated unparalleled success in providing unique support for the U.S. Navy and USMC during Operations Enduring Freedom and Iraqi Freedom.
6. He remained in the USAR through multiple enlistments/reenlistments until he was honorably retired on 10 October 2010 in the grade of master sergeant
(MSG)/E-8.
7. Permanent Orders 187-14, issued by the Headquarters, 94th Division (Forward Support), Fort Lee, VA, dated 10 July 2011, and certificate show the applicant was awarded the MSM for the period 8 June 1999 to 7 June 2009 for exceptional meritorious service.
8. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of REFRAD, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The Chief of Naval Operations citation verifies that the applicant was presented the MUC (Navy). Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. Evidence of record shows he was not awarded the MSM until July 2011, almost 6 years after the issuance of his 3 August 2005 DD Form 214. Therefore, there is no basis for granting this portion of his request.
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 adding to his 3 August 2005 DD Form 214 the MUC (Navy).
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 the MSM.
_______ _ 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) AR20130016056
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ABCMR Record of Proceedings (cont) AR20130016056
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