IN THE CASE OF:
BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140003413
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 Presidential Unit Citation (PUC).
2. He states that his unit was awarded the PUC on 6 August 2012, after his honorable discharge from the Army.
3. He provides:
* his DD Form 214
* a deployment order with manifest
* Department of the Army General Orders (DAGO)
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 enlisted in the Regular Army on 21 April 2005.
3. Section IX (Assignment Information) of his Enlisted Record Brief shows he was assigned to Headquarters and Headquarters Company, 1st Battalion, 26th Infantry Regiment from 14 December 2005 to 9 December 2007.
4. Headquarters, 1st Armored Division, Orders Number 06-014, dated 1 August 2006, show 2d Brigade Combat Team, 1st Infantry Division was deployed in support of Operation Iraqi Freedom for a period not to exceed 365 days beginning on or about 10 August 2006. The attached manifest shows that he was ordered to deploy with Headquarters and Headquarters Company, 1st Battalion, 26th Infantry Regiment in support of Operation Iraqi Freedom 06-08.
5. He was discharged honorably due to disability, severance pay, non-combat related from active duty on 19 August 2010 after completing 5 years, 3 months, and 29 days of creditable active service. His DD Form 214 shows in:
a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with campaign star, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, and Combat Action Badge.
b. Item 18 (Remarks), "Service in Iraq 20060807 - 20070915."
6. The applicant provides DAGO Number 219-11, dated 6 August 2012, which shows that Headquarters and Headquarters Company, 1st Battalion, 26th Infantry was awarded the PUC for heroism during the period 5 November 2006 to 14 May 2007.
7. He submitted and his record contains a Department of the Army Certificate which shows that Headquarters and Headquarters Company, 1st Battalion, 26th Infantry Regiment, was awarded the PUC for extraordinary heroism against an armed enemy from 5 November 2006 to 14 May 2007.
DISCUSSION AND CONCLUSIONS:
DAGOs awarded his unit the PUC during his period of assignment to the unit. 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 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 to item 13 of his DD Form 214 the Presidential Unit Citation.
_______ _ _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) AR20140003413
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ABCMR Record of Proceedings (cont) AR20140003413
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