IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20140018807
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) with a separation dated of 5 February 1998 to show:
* the Joint Meritorious Unit Award
* her deployment to Kuwait from 17 September to 17 December 1996
* the appropriate service in item 12f (Foreign Service)
2. The applicant states her DD Form 214 does not reflect her correct service overseas in Kuwait. She was assigned to the 3rd Brigade, 1st Calvary Division from Fort Hood TX.
3. The applicant provides:
* Headquarters, 1st Cavalry Division Permanent Orders 261-8, dated
17 September 1996
* Joint Staff Permanent Order Number J-ISO-0012-97, dated 24 January 1997
* citation for award of the Joint Meritorious Unit Award
* a memorandum for distribution, dated 13 February 1997 from U.S. Total Army Personnel Command
* two envelopes showing her return address
* an article from an unknown source describing "Operation Intrinsic Action 96-03, 1996"
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. On 13 March 1996, she enlisted in the Regular Army. She completed basic and advanced individual training and she was awarded military occupational specialty 92A (Automated Logistical Specialist).
3. On 13 September 1996, she was assigned to Company B, 215th Combat Support Battalion (CSB) at Fort Hood, TX.
4. Headquarters, 1st Cavalry Division Permanent Orders 261-8, dated
17 September 1996, are temporary change of station orders for the 3rd Brigade, 1st Cavalry Division, Fort Hood, TX to be assigned to Camp Doha, Kuwait. However, the orders do not show the 215th CSB was a part of the 3rd Brigade,
1st Cavalry Division.
5. Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record) does not show any overseas service.
6. On 5 February 1998, she was released from active duty by reason of parenthood. Item 12f (Foreign Service) of her DD Form 214 does not show any foreign service for the period of the DD Form 214. The DD Form 214 does not show she was awarded the Joint Meritorious Unit Award.
7. Department of the Army General Order (DAGO) 25, dated 8 June 2001, awarded the Joint Meritorious Unit Award to Headquarters, U.S. Central Command and Headquarters, Joint Task Force Southwest Asia. There are no subordinate units listed for either Headquarters.
8. She provided two envelopes showing her return address as 215th Forward Support Battalion (FSB), Task Force (TF) Intrinsic Action 96-3 and TF in action.
9. The article she provided shows the 215th (FSB) as a part of the 3rd (Greywolf) Brigade of TF 1-9.
DISCUSSION AND CONCLUSIONS:
1. Department of the Army General Order (DAGO) 25, dated 8 June 2001, awarded the Joint Meritorious Unit Award to Headquarters, U.S. Central Command and Headquarters, Joint Task Force Southwest Asia. There were no subordinate units listed for either headquarters on the DAGO. Therefore, in order to be eligible for the award, an individual would have had to be assigned to the headquarters of either command. There is no evidence the applicant was assigned to the headquarters of either the U.S. Central Command or the Joint Task Force Southwest Asia. Therefore, she is not eligible for the Joint Meritorious Unit Award to be added to her DD Form 214.
2. The applicant's DD Form 2-1 does not show any foreign service. She has not provided any substantive evidence showing the dates she was deployed. Without the exact dates of deployment it is not possible to accurately determine her foreign service during the period of her enlistment. Therefore, there is insufficient substantive evidence to add foreign service to her DD Form 214 at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20140018807
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ABCMR Record of Proceedings (cont) AR20140018807
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