IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140008768 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 2 June 2010, to show two awards of the Meritorious Unit Commendation.

2.  The applicant states orders awarded the Meritorious Unit Commendation to the 744th Transportation Company for the period 10 April 2004 through 19 December 2004 and the 1115th Transportation Company for the period 29 July 2009 through 15 April 2010.  In each case the award's final approval occurred after the issuance of his DD Forms 214.

3.  The applicant provides copies of the following:

* General Orders (GO) Number 2009-15
* DD Form 214 ending on 28 March 2005
* Permanent Orders (PO) Number 211-01
* DD Form 214 ending on 2 June 2010

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant served in the U.S. Coast Guard (USCG) from 9 March 1987 through 8 March 1991.  He served in the USCG Reserve from 9 March 1991 through 8 March 1995.  He had a break in service from 9 March 1995 through 23 February 2004.

3.  He enlisted in the New Hampshire Army National Guard (NHARNG) on 24 February 2002.  He was awarded military occupational specialty 88M (motor transport operator).

4.  He was ordered to active duty in support of Operation Iraqi Freedom (OIF) and entered active duty on 7 December 2003.  He served in Kuwait/Iraq from 18 February 2004 through 21 February 2005.

5.  A DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period February 2004 through January 2005 shows he was assigned to the 744th Transportation Company.

6.  He was honorably released from active duty on 28 March 2005.  His DD Form 214 lists the:

* Army Commendation Medal
* U.S. Navy (USN) Achievement Medal
* USCG Unit Commendation
* USCG Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Expeditionary Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* USCG Special Operations Service Ribbon
* Driver and Mechanic Badge with Driver-W Bar

7.  On 6 April 2005, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which corrected the following of his DD Form 214 ending on 28 March 2005:

* Item 12e (Total Prior Inactive Service) to show 5 years, 4 months, and 13 days
* Item 12f (Foreign Service) to show 1 year and 14 days
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to list the:

* National Defense Service Medal (2nd Award)
* USCG Special Operations Service Ribbon with one gold star
* USCG Unit Commendation
* USCG Sea Service Ribbon
* USCG Bicentennial Unit Commendation Ribbon
* Southwest Asia Service Medal with two bronze service stars

8.  He was transferred from the NHARNG to the New Mexico ARNG on 12 July 2007. 

9.  On 14 July 2008, he was issued a DD Form 215 which added the Combat Action Badge to item 13 of his DD Form 214 ending on 28 March 2005.

10.  He was ordered to active duty in support of OIF and entered active duty on 2 May 2009.  He served in Kuwait/Iraq from 13 July 2009 through 12 April 2010.

11.  He provided a copy of GO Number 2009-15, dated 16 December 2009, which cited award of the Meritorious Unit Commendation to the 744th Transportation Company, 7th Transportation Battalion, for the period 10 April 2004 through 19 December 2004.

12.  He was honorably released from active duty on 2 June 2010.  His DD Form 214 lists in:

* Item 8a (last Duty Assignment) - 1115th Transportation Company
* Item 13 - the:

* Sea Service Deployment Ribbon
* Army Commendation Medal (2nd Award)
* USN Achievement Medal
* USCG Unit Commendation
* USCG Meritorious Unit Commendation
* USCG "E" Ribbon
* Army Good Conduct Medal
* USCG Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* USCG Sea Service Ribbon
* USCG Special Operations Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Kuwait Liberation Medal
* Combat Action Badge (2nd Award)
* Driver and Mechanic Badge with Driver-W Bar

13.  He also provided a copy of PO Number 211-01, issued by the U.S. Army Human Resources Command, on 30 July 2010, awarding the Meritorious Unit Commendation to the 1115th Transportation Company for the period 29 July 2009 through 15 April 2010. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed two periods of foreign service in Iraq with two different units.  In each case, his units of assignment was awarded the Meritorious Unit Commendation by GO or PO.  Therefore, he is entitled to correction of his DD Form 214 ending on 2 June 2010 to show two awards of the Meritorious Unit Commendation.

2.  The evidence shows he was awarded the USCG Special Operations Service Ribbon with one gold star and USCG Bicentennial Unit Commendation Ribbon.  Therefore, his DD Form 214 ending on 2 June 2010 should be corrected to show these awards.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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 to this DD Form 214 for the period ending 2 June 2010 the: 

* Meritorious Unit Commendation (2nd Award)
* USCG Special Operations Service Ribbon with one gold star
* USCG Bicentennial Unit Commendation Ribbon



      ____________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)                                         AR20140008768





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ABCMR Record of Proceedings (cont)                                         AR20140008768



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