IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140020959
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 the Meritorious Unit Commendation be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 July 2005.
2. The applicant states his unit was not awarded the Meritorious Unit Commendation until after he was separated.
3. The applicant provides:
* DD Form 214
* a Certificate of Achievement issued by Task Force 2-87, dated 20 May 2004
* page 1 of Department of the Army General Orders (DAGO) Number 2009-16, dated 16 December 2009
* Lineage and Honors for the 2nd Battalion, 87th Infantry Regiment, from the Army history website
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 July 2000, he enlisted in the Regular Army.
3. He provided an Operation Enduring Freedom Certificate of Achievement from Task Force 2-87 awarded to him for exceptional service from 16 August 2003 to 18 May 2004 while assigned to the 2nd Battalion, 87th Infantry Regiment in support of Operation Enduring Freedom-Afghanistan.
4. On 12 July 2005, he was released from active duty. The Meritorious Unit Commendation is not shown on his DD Form 214. An entry in item
18 (Remarks) indicates he served in Afghanistan from 5 August 2003 - 23 May 2004.
5. DAGO Number 2009-16, dated 16 December 2009, awarded the Meritorious Unit Commendation to the 2nd Battalion, 87th Infantry, for exceptionally meritorious conduct in the performance of outstanding service from 21 July 2003 to 20 May 2004.
DISCUSSION AND CONCLUSIONS:
His DD Form 214 shows he served in Afghanistan from 5 August 2003 - 23 May 2004. His Certificate of Achievement awarded by Task Force 2-87 shows he was assigned to the 2nd Battalion, 87th Infantry during the period the unit was awarded the Meritorious Unit Commendation.
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 the Meritorious Unit Commendation to his DD Form 214 with a separation date of 12 July 2005.
_______ _ _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) AR20140020959
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ABCMR Record of Proceedings (cont) AR20140020959
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