BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000358 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000358 BOARD DETERMINATION/RECOMMENDATION: 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 the Meritorious Unit Commendation to his 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty). ______________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. BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000358 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) by adding the Meritorious Unit Commendation. 2. The applicant states he learned of this medal on 4 September 2015. 3. The applicant provides: * DD Form 214WS (DD Form 214 Worksheet) * DD Form 214 (Member Copy 1) * DD Form 214 (Service Copy 7) * Orders 347-025, State of Colorado, dated 13 December 2003 * North Atlantic Treaty Organization (NATO) Order, State of Colorado, dated 13 December 2003 * General Orders Number 2010-08, Department of the Army, dated 22 July 2010 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. Orders 347-025, State of Colorado, ordered the applicant to active duty as a member of the 143rd Signal Company, with a report date of 4 January 2004 to his mobilization station. His period of mobilization was not to exceed 545 days. The purpose was in support of Operation Iraqi Freedom. 3. On 16 April 2005, the applicant was released from active duty. He completed 1 year, 4 months, and 4 days of creditable active duty service. The remarks block of his DD Form 214 states he served in Kuwait and Iraq from 13 March 2004 to 12 March 2005. This form does not show the Meritorious Unit Commendation as an authorized award. 4. General Orders Number 2010-08, Department of the Army, dated 22 July 2010, announced award of the Meritorious Unit Commendation to the 143rd Signal Company for exceptionally meritorious conduct in the performance of outstanding service during the period 8 January to 5 December 2004. DISCUSSION: General orders show the applicant’s unit was awarded the Meritorious Unit Commendation for its service during his mobilization period in 2004. As the orders were published 2010, it was not included on his 2005 DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000358 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000358 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2