IN THE CASE OF:	  

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20140004724 


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 Meritorious Unit Commendation and Army Superior Unit Award.

2.  The applicant states:

	a.  He was informed by his U.S. Army Reserve leadership of all unit awards received by the U.S. Army Criminal Investigation Command (CID) during the past several years.

	b.  While reviewing the information, he noticed two units had received awards while he was physically assigned to them on active duty.

	c.  The 481st Military Police (MP) Detachment was awarded the Meritorious Unit Commendation for the period 17 December 2005 through 4 December 2006 in Department of the Army General Orders Number 2010-17, dated 8 September 2010.

	d.  He was assigned to the 481st MP Detachment during this period and deployed with them in support of Operation Iraqi Freedom.  He is attaching supporting documents detailing his assignment to that unit during the period of recognition.

	e.  His military records should verify his assignment.  The U.S. Army Protective Services Battalion (PSB) was awarded the Army Superior Unit Award for the period 1 January 2009 through 31 December 2009 in Department of the Army General Orders Number 2013-25, dated 28 August 2013.

	f.  He was assigned as an active duty CID Agent to the PSB during that period.  He is currently assigned to the unit as a U.S. Army Reserve Drilling Individual Mobilization Augmentee Special Agent and he has been since 2010.

	g.  Neither of the two awards is reflected on his DD Form 214 or within any of his military records.

3.  The applicant provides:

* DD Form 214 for the period ending 14 February 2010
* Iraq Campaign Medal Certificate, dated 19 March 2003
* DA Form 638 (Recommendation for Award), dated 24 August 2006, showing 49th MP Brigade Permanent Order Number 250-005, dated 11 September 2006
* Army Commendation Medal Certificate showing 49th MP Brigade Permanent Order Number 250-005, dated 7 September 2006 (should read 11 September 2006)
* U.S. Army Garrison, Fort Belvoir, VA, Orders 219-002, dated 7 August 2007
* Joint Service Commendation Medal Certificate, dated 13 July 2010
* Department of the Army General Orders Number 2010-17, dated 8 September 2010
* Office of the Secretary of Defense Identification Badge Certificate, dated 31 December 2010
* U.S. Army Human Resources Command Permanent Orders 287-29, dated 14 October 2011
* Department of the Army General Orders Number 2013-25, dated 28 August 2013
* DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period 1 January 2009 through 19 November 2009
* DA Form 2166-8 for the period 30 April 2010 through 29 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 enlisted in the Regular Army on 6 June 2002 in pay grade E-3.  He completed training as a CID Special Agent.  He was promoted through the ranks to staff sergeant/pay grade E-6.

3.  On 14 February 2010, the applicant was honorably released from active duty (REFRAD) in pay grade E-6 upon completion of his required active service.

4.  His DD Form 214 does not show award of the Meritorious Unit Commendation or Army Superior Unit Award.

5.  The applicant provided copy of his Army Commendation Medal Certificate showing 49th MP Brigade Permanent Order Number 250-005, dated 7 September 2006 (should read 11 September 2006) awarded him the Army Commendation Medal for the period 13 December 2005 to 12 December 2006 while assigned to the 481st MP Detachment, CID.

6.  The applicant provided a copy of Department of the Army General Orders 
Number 2010-17, dated 8 September 2010, showing the unit to which he was assigned was awarded the Meritorious Unit Commendation for the period 17 December 2005 to 4 December 2006.

7.  The applicant provided a copy of his DA Form 2166-8 for the period 1 January 2009 through 19 November 2009 showing he was assigned to the PSB, 701st MP Group (CID).

8.  The applicant provided a copy of Department of the Army General Orders Number 2013-25, dated 28 August 2013, showing the U.S. Army PSB was awarded the Army Superior Unit Award for the period 1 January 2009 through 31 December 2009.

DISCUSSION AND CONCLUSIONS:

1.  The Meritorious Unit Commendation and the Army Superior Unit Award are not shown on his DD Form 214 because the orders for these awards were not published until after his REFRAD.

2.  The available evidence shows his unit was awarded the Meritorious Unit Commendation and Army Superior Unit Award for service during the period covered by his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 is 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 award of the Meritorious Unit Commendation and Army Superior Unit Award to his DD Form 214 for the period ending 14 February 2010.



      _____________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)                                         AR20140004724



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ABCMR Record of Proceedings (cont)                                         AR20140004724



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