IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130020060
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) to show award of the Valorous Unit Award (VUA).
2. The applicant states he served with Military Transition Team (MTT) 0522 that was part of a larger organization and was subsequently awarded the VUA and he desires it to be added to his DD Form 214.
3. The applicant provides a letter from his former commander of MTT 0522, his attachment orders, VUA orders, and copies of his DD Form 214 and DD Form 215 (Correction of DD Form 214), dated 18 April 2011.
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 commissioned as a Regular Army second lieutenant on 14 June 2003. He completed his training as a Transportation Corps officer and deployed in support of Operation Iraqi Freedom during the period 20041229 20051209 and 20060521 20070611. He was promoted to the rank of captain on 1 July 2006.
3. A review of his evaluation reports contained in his official record shows he served as the logistics officer on MTT 0522.
4. U.S. Army Human Resources Command Permanent Orders 261-08 dated 18 September 2009 awarded the VUA to five units of the 1st Battalion, 12th Cavalry for heroism during the period 1 December 2006 to 5 March 2007.
5. The memorandum for record provided by his former commander of MTT 0522 submitted by the applicant confirms the applicant served with MTT 0522 and was under the tactical control of 1st Battalion, 12th Cavalry Regiment during the period cited in orders for award of the VUA (1 December 2006 5 March 2007).
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the award of the VUA should be added to his DD Form 214 has been noted and appears to have merit.
2. The applicant provided sufficient evidence to show he was under operational control of a unit that was awarded the VUA during a period he was with the unit.
3. Accordingly, the VUA should be added to his DD Form 214 at this time.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
adding the award of the VUA to his DD Form 214.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20130020060
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