BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160003141 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: 15 November 2017 DOCKET NUMBER: AR20160003141 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 29 February 2004 to show award of the Meritorious Unit Commendation. 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 the Combat Action Badge. _____________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: 15 November 2017 DOCKET NUMBER: AR20160003141 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 (MUC) and Combat Action Badge. 2. The applicant states he separated from the service before the orders were published. 3. The applicant provides a copy of Department of the Army General Orders (GO) Number 2009-08. 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. Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. This request may be submitted by letter. All requests must contain copies of: * assignment, attachment, or operational control orders * an Enlisted Record Brief or Personnel Qualification Record * the chain of commands endorsement * a one-page narrative description of the qualifying incident * a certified copy of the DD Form 214 * other supporting documentation Therefore, award of the Combat Action Badge will not be discussed further in this Record of Proceedings. 3. The applicant enlisted in the Regular Army on 8 June 1982. He completed training and was awarded military occupational specialty 13P (Multiple Launch Rocket System/Fire Direction Specialist). 4. His Enlisted Record Brief (ERB) shows he was assigned to 2nd Battalion, 18th Field Artillery from 16 January to 9 August 2003. 5. On 29 February 2004 he retired. His DD Form 214 shows he completed 21 years, 8 months, and 23 days of net active service. It also shows his last duty assignment and major command as 2nd Battalion, 18th Field Artillery; nevertheless, it does not show he was awarded the MUC. 6. He provided a copy of GO Number 2009-08 awarding the MUC to 2nd Battalion, 18th Field Artillery for the period covering 20 March to 16 November 2003. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The instructions stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service. DISCUSSION: GO Number 2009-08 awarded the MUC to the unit to which he was assigned during the period 16 January 2003 to 29 February 2004. His DD Form 214 for the period ending 29 February 2004 does not show this unit award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003141 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003141 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2