IN THE CASE OF:  	  

		BOARD DATE:  1 October 2015	  

		DOCKET NUMBER:  AR20150001338 


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:

* Joint Meritorious Unit Award (JMUA)
* Meritorious Unit Commendation (MUC)
* Presidential Unit Citation (PUC) (Navy)

2.  He states the JMUA, MUC, and the Navy PUC were presented while he was assigned to the 194th Military Police (MP) Company, 716th MP Battalion, 101st Airborne Division.  He served in Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).  He was injured in Iraq and eventually medically retired in 2007 due to permanent disability.  

3.  He provides:

* General Orders Number 3, dated 6 November 2007
* Internet article, titled "Announcement of Modification of Previously Awarded PUC," dated 1 March 2005
* Memorandum, subject:  Recommendation for Award of the MUC, dated 
26 January 2005

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 5 November 1999.  He served in Iraq from 15 February to 1 July 2003. 

3.  The applicant's official military personnel file contains the following documents that show the date and his unit of assignment as follows:

   a.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows effective 17 May 2001, he was assigned to the 551st MP Company, Fort Campbell, KY.
   
   b.  Permanent Orders 021-013, dated 21 January 2003, list his unit of assignment in the standard name line as Headquarters, 551st MP Company, Fort Campbell, KY.
   
   c.  An SGLV-8286 (Servicemembers' Group Life Insurance Election and Certificate) Form, dated 30 January 2003, lists his current duty location as 194th MP Company, Fort Campbell, KY.

4.  The applicant was retired on 23 May 2004 due to temporary disability.  His last duty assignment was listed as the 163rd MP Detachment.  Item 13 of his DD Form 214 does not show the JMUA, MUC, or the Navy PUC.

5.  The applicant's record is void of any evidence that shows he was assigned and/or attached to the 716th MP Battalion.  Additionally there are no documents showing his exact dates of assignment/attachment to the 194th MP Company. 

6.  He provides:

   a.  A memorandum, subject:  Recommendation for Award of the MUC, dated 26 January 2005, that shows the 716th MP Battalion, 101st Airborne Division was approved for the award of the MUC for the period 19 March 2003 to 
2 February 2004.
   b.  An internet article, titled "Announcement of Modification of Previously Awarded PUC," dated 1 March 2005, shows the 194th MP Company was awarded the Navy PUC for the period 21 March to 24 April 2003. 

   c.  General Orders Number 3, dated 6 November 2007, show, in pertinent part, that the MUC was awarded to the 716th MP Battalion, 101st Airborne Division from 25 April 2003 to 2 February 2004 to include the following assigned or attached units:  194th MP Company and 551st MP Company.

7.  Army Regulation 600-8-22 (Military Awards) states the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.  

8.  Department of Defense Instruction 1348.33 (Military Awards Program) states the JMUA was authorized by the Secretary of Defense on 10 June 1981.  It is awarded to recognize joint units and activities for meritorious achievement or service superior to that which is normally expected.  Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation, or extraordinary circumstances and should be operational in nature.  The JMUA may not be awarded to any Department of Defense activity which has received any other unit award for the same achievement or period of service.  

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 
30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's SGLV 8286 Form indicates his unit of assignment on 
30 January 2003 was the 194th MP Company.  However, the exact dates of his assignment to this company are unknown.  Therefore, in the absence of documentation to show he was assigned and/or attached to that company during the period the company was awarded the Navy PUC (21 March to 24 April 2003), there is insufficient evidence to correct his DD Form 214 to show this award.


2.  There is no evidence and the applicant did not provide any to show the 194th MP Company, 716th MP Battalion, 101st Airborne Division was awarded the JMUA and/or he was entitled to this award.  As such, there is no basis for correcting his DD Form 214 to show this award.

3.  Unfortunately, since the applicant's unit of assignment for the period 25 April 2003 to 2 February 2004 (the period of the MUC awarded to the 716th MP Battalion and subordinate units) cannot be determined, there is insufficient evidence to support correcting his DD Form 214 to show this award.

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)                                         AR20150001338



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150001338



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1