IN THE CASE OF: BOARD DATE: 20 February 2014 DOCKET NUMBER: AR20130010696 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 Meritorious Unit Commendation. He also requests a new award certificate be provided. 2. The applicant states that the unit he served in during Operations Enduring Freedom and Iraqi Freedom has been awarded the Meritorious Unit Commendation. He was provided a poor copy of the award certificate. He is nearing the end of his Master's Program and upon graduation, he has elected to reenlist in the U.S. Army Reserve (USAR) and pursue a career as a warrant officer. To that end, he has been reviewing his records for possible errors. 3. The applicant provides copies of: * memorandum showing approval of the Meritorious Unit Commendation for the 502d Transportation Detachment * Meritorious Unit Commendation Certificate * orders assigning him to the "502d TC CO", effective 6 February 2003 * his DD Form 214 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, a USAR sergeant, was on active duty from 6 February 2003 to 29 March 2004. He held military occupational specialty (MOS) 88N (Traffic Management Coordinator). 3. His records show he was awarded an Army Commendation Medal for meritorious service during Operation Enduring Freedom from 8 March 2003 to 2 March 2004. 4. The applicant provides copies of: a. Headquarters, 63d Regional Support Command, Orders 03-037-00034, dated 6 February 2003, showing he was assigned to the "502d TC CO TRANS CON S (WRWCAA) 5161 SEPULVEDA BLVD, SHERMAN OAKS, CA 91403-1199", effective 6 February 2003. b. A Chief, Military Awards Branch, U.S. Army Human Resources Command (HRC), memorandum showing a recommendation for award of the Meritorious Unit Commendation for the 502d Transportation Detachment was approved. An accompanying citation shows the period of service as 15 October 2002 to 2 July 2004. The award was approved on 5 May 2005. The HRC website listing unit awards shows this as an approved award with Department of the Army General Orders (DAGO) "Pending." 5. The applicant was honorably released from active duty on 29 March 2004. His last duty assignment is shown as 502d Transportation Detachment. His DD Form 214 does not show the Meritorious Unit Commendation. DISCUSSION AND CONCLUSIONS: An HRC memorandum shows the applicant's unit was awarded the Meritorious Unit Commendation when he was assigned to the unit. This award 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 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 29 March 2004 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) AR20120001607 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130010696 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1