BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160001333 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF _____x___ ____x____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160001333 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 6 June 2003 as follows: * deleting the current entry in item 12f (Foreign Service) and replacing it with the entry "0000  03  00" * adding the Joint Meritorious Unit Award and the Global War on Terrorism Service Medal to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show two awards of the Joint Meritorious Unit Award. _____________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: 18 July 2017 DOCKET NUMBER: AR20160001333 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 two awards of the Joint Meritorious Unit Award and the Global War on Terrorism Service Medal. 2. The applicant states the documentation for the awards could have been issued after his discharge. 3. The applicant provides: * Permanent Orders (PO) Number 296-001 * DD Form 214 * National Defense Service Medal award memorandum, dated 18 August 2003 * Joint Staff PO Number J-ISO-0260-03, dated 3 December 2003 * Joint Meritorious Unit Award memorandum, dated 1 June 2004 * Global War on Terrorism Service Medal memorandum, dated 1 June 2004 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. 2.  The applicant enlisted in the U.S. Army Reserve on 15 March 1994 and he held military occupational specialty 95B (Military Police (MP)). He was assigned to the 344th MP Company. 3.  He entered active duty in support of Operation Enduring Freedom on 7 October 2002. 4.  PO Number 296-001, issued by Headquarters, U.S. Army Fort Dix, NJ, on 23 October 2002, assigning him to the Joint Task Force Guantanamo, Guantanamo Bay Naval Base, Cuba, effective 15 November 2002, for a period of 365 days. 5.  He served in Cuba from 15 November 2002 to 15 February 2003. He was honorably released from active duty on 6 June 2003 and was transferred to a Reserve unit. His DD Form 214 lists in: * item 12f (Foreign Service) – no credit * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) – the National Defense Service Medal (2nd Award), Armed Forces Reserve Medal with "M" Device, and Army Service Ribbon * item 18 (Remarks) – "SERVICE IN CUBA 20021115 TO 20030215" 6.  He provided: a.  Joint Staff PO Number J-ISO-0260-03, dated 3 December 2003, awarding the Joint Meritorious Unit Award to Headquarters, Joint Task Force Guantanamo, Guantanamo Bay Naval Base, Cuba, for exceptionally meritorious service from 1 November 2002 to 1 November 2003; b.  Joint Meritorious Unit Award memorandum, issued by the 344th MP Company on 1 June 2004, announced that the Joint Chiefs of Staff awarded Headquarters, Joint Task Force Guantanamo, Guantanamo Bay Naval Base, Cuba, the Meritorious Unit Commendation for exceptionally meritorious service from 1 November 2002 to 1 November 2003, by Joint Staff PO Number  J-ISO-0260-03; c.  National Defense Service Medal memorandum, dated 18 August 2003, citing its award to a list of service members, to include the applicant, for their service in Cuba from 7 October 2002 to 18 August 2003; and d.  Global War on Terrorism Service Medal memorandum, dated 1 June 2004, citing its award to personnel from the 344th MP Company, Joint Task Force Guantanamo, Guantanamo Bay Naval Base, Cuba from 7 October 2002 to 24 August 2003. REFERENCES: 1. Department of Defense (DOD) Instruction 1348.33 (Military Awards Program) states the Joint Meritorious Unit Award 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 Joint Meritorious Unit Award may not be awarded to any DOD activity which has received any other unit award for the same achievement or period of service. An oak leaf cluster is authorized for wear for each additional award of the Joint Meritorious Unit Award. 2. Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is authorized for wear for each additional award of the Joint Meritorious Unit Award. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The instructions stated item 12f would list credit for all foreign service completed during the period covered by the DD Form 214 and item 13 would list all Federal awards. DISCUSSION: 1.  With respect to the Joint Meritorious Unit Award: a.  Joint Staff PO Number J-ISO-0260-03, dated 3 December 2003, awarded the applicant's unit the Joint Meritorious Unit Award for exceptionally meritorious service from 1 November 2002 to 1 November 2003. This unit award is not listed on his DD Form 214. b.  The memorandum issued by the 344th MP Company on 1 June 2004 announced approval of the Joint Meritorious Unit Award to Headquarters, Joint Task Force Guantanamo, Naval Base, Guantanamo Bay, for exceptionally meritorious service from 1 November 2002 to 1 November 2003, as provided by Joint Staff PO Number J-ISO-0260-03. This is not a second award. c.  There is no evidence Headquarters, Joint Task Force Guantanamo, Guantanamo Bay Naval Base, Cuba, was awarded a second Joint Meritorious Unit Award during the applicant's period of assignment. 2.  He served a qualifying period for award of the Global War on Terrorism Service Medal. He also provided a memorandum awarding him this award. His DD Form 214 does not list this award. 3.  As a related item, the applicant served in Cuba from 15 November 2002 to 15 February 2003, a period of 3 months. His DD Form 214 does not list this foreign service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001333 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001333 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2