IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140007824
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Unit Commendation (MUC).
2. The applicant states the MUC was awarded to her unit on 6 January 2010 for service in Iraq for the period 6 September 2007 to 8 November 2008. The MUC was awarded after she was honorably discharged.
3. The applicant provides:
* U.S. Army Human Resources Command (HRC) Permanent
Orders 006-19, dated 6 January 2010
* Army Commendation Medal Certificate
* DA Form 638 (Recommendation for Award)
* two DA Forms 2166-8 (Noncommissioned Officer Evaluation Report (NCOER))
* U.S. Army Installation Management Command Orders 204-708, dated 23 July 2007, with Annex A
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 19 August 1996.
3. Her Enlisted Record Brief shows she was assigned to Headquarters and Headquarters Company, 1st Brigade Special Troops Battalion, Fort Drum, NY, from 2 November 2006 through 3 March 2009.
4. Annex A of U.S. Army Installation Management Command Orders 204-708, dated 23 July 2007, show she was assigned to the 1st Brigade Support Team Battalion and deployed in support of Operation Iraqi Freedom effective 4 September 2007.
5. On 1 July 2009, she was honorably discharged after completing 12 years, 10 months, and 13 days of creditable active service. Her DD Form 214 does not show award of the MUC.
6. On 6 January 2010, HRC published Permanent Orders 006-19, which awarded the MUC to Headquarters and Headquarters Company, Special Troops Battalion, 1st Brigade Combat Team, 10th Mountain Division, and its subordinate units for the period 6 September 2007 to 8 November 2008.
7. She provided copies of her ARCOM Certificate, DA Form 638, and two NCOERs that show her service during Operation Iraqi Freedom. Her ARCOM Certificate shows the 1st Brigade Special Troops Battalion was a subordinate element of the 1st Brigade Combat Team.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. It stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of her DD Form 214 to show award of the MUC was carefully considered.
2. The applicant's unit was awarded the MUC for the period 6 September 2007 to 8 November 2008 and her records clearly show she was assigned to that unit during this time period. Therefore, she is entitled to correction of her DD Form 214 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 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 MUC to her DD Form 214.
___________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) AR20140007824
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ABCMR Record of Proceedings (cont) AR20140007824
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