IN THE CASE OF:	  

		BOARD DATE:	  20 February 2014

		DOCKET NUMBER:  AR20130010443 


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 unit awards of the Valorous Unit Award (VUA) and Joint Meritorious Unit Award (JMUA).

2.  The applicant states he had already been separated when the unit awards were published and desires to have them added to his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and orders awarding his unit the VUA and JMUA.

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 18 June 1999 for a period of 4 years and 17 weeks under the airborne infantry ranger training option.  He completed his training and was assigned to Company B, 2d Battalion, 75th Ranger Regiment, at Fort Lewis, Washington.

3.  The applicant deployed to Iraq and Afghanistan during the periods 28 March 2002-2 July 2002, 3 March 2003-10 June 2003, 6 November 2003- 9 December 2003, 30 June 2004-10 October 2004, and 4 April 2005-18 July 2005.

4.  On 14 October 2005, he was honorably released from active duty (REFRAD) due to completion of required service.  He completed 6 years, 3 months, and 27 days of active service.  His DD Form 214 issued at the time of his REFRAD shows no unit awards.

5.  The orders provided by the applicant show the applicant's company was awarded the VUA for the period 29 March to 2 April 2003 and the 75th Ranger Regiment and its subordinate battalions were awarded the JMUA for the period 4 October 2001 to 31 December 2004.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the VUA and JMUA should be added to his DD Form 214 has been noted and found to have merit.

2.  The applicant's unit was awarded the VUA and JMUA during the period the applicant served with that unit and he is entitled to have those awards entered on his DD Form 214 at this time.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 award of the VUA and JMUA to his DD Form 214.

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20130010443



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ABCMR Record of Proceedings (cont)                                         AR20130010443



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