IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140014342
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 the Meritorious Unit Commendation (MUC).
2. The applicant states that he deployed with the 209th Military Police (MP) Company as part of Joint Task Force (JTF) 160, Operation "Sea Signal," to Guantanamo (GTMO) Bay, Cuba in 1994-1995. He recently learned the unit was awarded the MUC by the Commandant, United States Coast Guard (USCG).
3. The applicant provides a copy of page 1 of his DA Form 2-1 (Personnel Qualification Record) and a U.S. Army Human Resources Command (HRC) message.
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 (RA) on 14 January 1992 for a period of 4 years. He was awarded military occupational specialty 54B (Chemical Operations Specialist).
a. He reenlisted in the RA on 12 June 1995 for a period of 4 years. He was promoted to sergeant (E-5) on 1 June 1996.
b. He reenlisted in the RA on 12 November 1998 for a period of 4 years.
3. His DA Form 2-1 shows, in pertinent part, in
* item 5 (Oversea Service), he served in
* Germany from 19 July 1992 through 16 January 1994
* Cuba from 30 August 1994 through 1 February 1995
* Germany from 16 October 1996 through 10 October 1999
* item 9 (Awards, Decorations and Campaigns) the
* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Army Achievement Medal (3rd Award)
* Air Assault Badge
* German Armed Forces Efficiency Badge (Bronze)
* Army Good Conduct Medal (2nd Award)
* Joint Meritorious Unit Award
* Humanitarian Service Medal (Cuba)
* Driver and Mechanic Badge with Driver-W (Wheeled Vehicles) Bar
* Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 2
* Expert Marksmanship Qualification Badge with Machinegun (M-60),
Pistol (9mm), Rifle (M-16) and Grenade bars
* item 35 (Record of Assignments), he was assigned to the 209th MP Company, Fort McClellan, AL, from 18 January 1994 through
24 September 1996
4. A DA Form 4980-18 (Army Achievement Medal Certificate) shows the applicant was awarded the Army Achievement Medal for meritorious service as a Nuclear, Biological, Chemical NCO while assigned to the 209th MP Company (Warriors) during Operation "Sea Signal," JTF 160, GTMO Bay, Cuba, from
30 August 1994 to 1 February 1995. It also shows the award was announced in Headquarters, 701st MP Battalion, Fort McClellan, AL, Permanent Orders Number 58-10, dated 27 February 1995.
5. A DD Form 214 shows the applicant entered active duty this period on
14 January 1992 and he was honorably discharged on 10 May 2000. He had completed 8 years, 3 months, and 27 days of total active service this period that included 4 years, 5 months, and 23 days of foreign service. It also shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the
* Army Commendation Medal
* Army Achievement Medal (4th Award)
* Joint Meritorious Unit Award
* Army Superior Unit Award
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Lapel Button
* Armed Forces Expeditionary Medal
* Humanitarian Service Medal
* NCO Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars
* Air Assault Badge
* Driver and Mechanic Badge with DriverW Bar
* German Armed Forces Efficiency Badge (Bronze)
* Armed Forces Service Medal
* North Atlantic Treaty Organization (NATO) Medal
6. In support of his request he provides a copy of HRC, AHRC-PDO-PA, Alexandria, VA message, date-time-group 011324Z April 1998, subject: Award of the USCG MUC GTMO Bay, Cuba, that shows the Commandant, USCG, approved award of the USCG MUC to the U.S. Naval Base GTMO Bay, Cuba for Operation "Sea Signal" in support of Caribbean Drug Operations during the period June 1994 to February 1996, including Soldiers assigned or attached to JTF 160. It also shows that Soldiers assigned or attached to JTF 160 during the cited period should contact their local personnel service support activity to have their records updated.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant was assigned to the 209th MP Company from
18 January 1994 through 24 September 1996. Records also show he was recognized for meritorious service during Operation "Sea Signal," JTF 160, GTMO Bay, Cuba, from 30 August 1994 to 1 February 1995.
a. The evidence of record shows the USCG MUC was awarded to the U.S. Naval Base GTMO Bay, Cuba for Operation "Sea Signal" in support of Caribbean Drug Operations during the period June 1994 to February 1996.
b. Thus, it would be appropriate to correct his records to show the USCG MUC.
2. The evidence of record shows the applicant qualified for and was authorized the Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar.
3. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.
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 item 13 of his DD Form 214 the
* Meritorious Unit Commendation (United States Coast Guard)
* Expert Marksmanship Qualification Badge with Machinegun Bar
_______ _ _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) AR20140014342
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140014342
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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