BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100021096


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 award of the Meritorious Unit Commendation.

2.  The applicant states he was the command sergeant major (CSM) of the 130th Engineer Brigade during the period the unit was awarded the Meritorious Unit Commendation.

3.  The applicant provides:

* his retirement DD Form 214
* Orders 192-107, Bravo Detachment, 38th Personnel Service Battalion, dated 13 July 2001, assigning him to Headquarters and Headquarters Company (HHC), 130th Engineer Brigade, in 2001
* General Orders Number 2009-32, Headquarters, Department of the Army, dated 29 December 2009, awarding the Meritorious Unit Commendation to HHC, 130th Engineer Brigade, for the period 21 March 2003 to 31 January 2004
* Orders Number 37-39, Headquarters, V Corps, dated 6 February 2003, directing a temporary change of station for HHC, 130th Engineer Brigade
* memorandum for Finance, dated 9 March 2003, subject:  Arrival in Theater
* Orders 181-311, Detachment A, 55th Personnel Service Battalion, dated 30 June 2003, directing the applicant's reassignment

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 is a retired CSM.  He served as the CSM for HHC, 130th Engineer Brigade, from on or about August 2001 through on or about June 2003.

3.  Department of the Army General Orders Number 2009-32 awarded the applicant's unit the Meritorious Unit Commendation during his tenure as CSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Meritorious Unit Commendation be added to his DD Form 214.

2.  Orders awarded the applicant's unit the Meritorious Unit Commendation.  It should be added to his DD Form 214.

BOARD VOTE:

____x____  __x______  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented i9s 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.



      __________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)                                         AR20100021096



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ABCMR Record of Proceedings (cont)                                         AR20100021096



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