BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004611 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: 15 November 2017 DOCKET NUMBER: AR20160004611 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20150001338 on 1 October 2015. 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 23 May 2004 by adding the Meritorious Unit Commendation. _____________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: AR20160004611 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 reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision set forth in Docket Number AR20150001338 on 1 October 2015. Specifically, he requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 23 May 2004, to show he is authorized the Meritorious Unit Commendation (MUC). 2. The applicant states that throughout the previous review of his case, it appears there may have been some confusion as to his unit's structure and his assignments to specific units. He would like to clarify this issue for the record. 3. The applicant provides a 10-paged self-authored statement and the following documents: * Caring for Heroes Administrative Worksheet, dated 31 May 2003 * Caring for Heroes Deployed Warrior Medical Management Center Clearance Checklist, dated June 2003 * Air Force (AF) Forms 3899 (Aeromedical Evacuation Patient Record), dated June 2003 * Standard Form 600 (Chronological Record of Medal Care), dated 10 September 2003 * Medical Consult Report, dated 4 November 2003 * Memorandum, subject: Notice of Appeal, dated 26 February 2004 * Enlisted Records Brief (ERB), dated 9 March 2004 * DD Form 214, for the period ending 23 May 2004 * memorandum, dated 26 January 2005, with citation, subject: Recommendation for Award of the MUC * General Orders Number 3, dated 6 November 2007 * 194th Military Police Company, 716th Military Police Battalion, telephone directory printout, undated * 16th Military Police Brigade Unit/Leader Directory, effective February 2011 * 716th Military Police Battalion structure, printed on 14 October 2015 * Unit Awards, Army Human Resources Command (HRC) website, printed on 11 February 2016 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. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20150001338 on 1 October 2015. 3. As new evidence, the applicant provides a breakdown of the force structure of the 101st Airborne Division and his units of assignment. He also provides a previous ABCMR Record of Proceedings for Docket Number AR20150000704. These newly submitted documents constitute new evidence that was not previously considered by the Board. 4. The applicant enlisted in the Regular Army on 5 November 1999. Following completion of his initial entry training, he was awarded military occupational specialty 31B (Military Police). 5. The applicant served in Iraq from 15 February through 1 July 2003. 6. The applicant was honorably retired on 23 May 2004 due to temporary disability. The DD Form 214 he was issued shows his last duty assignment was the 163rd Military Police (MP) Detachment. He was awarded or authorized the: * Meritorious Service Medal * Army Commendation Medal (5th Award) * Army Achievement Medal (4th Award) * Military Outstanding Volunteer Medal * Army Good Conduct Medal * National Defense Service Medal * Kosovo Campaign Medal * Korea Defense Service Medal * North Atlantic Treaty Organization (NATO) Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Korean Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Air Assault Badge * Driver and Mechanic Badge with Driver Bar 7. Based on ABCMR Docket Number AR2015000705 on 28 January 2016, a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)) was created on 8 February 2016, which amended the applicant's DD Form 214 by deleting the Global War on Terrorism Expeditionary Medal and adding the: * Presidential Unit Commendation (Navy) * Iraq Campaign Medal with two bronze service stars * Expert Marksmanship Qualification Badge with Pistol Bar * Expert Marksmanship Qualification Badge with Hand Grenade 8. The applicant provides: a. A memorandum, subject: Recommendation for Award of the MUC, dated 26 January 2005, which shows the 716th MP Battalion, 101st Airborne Division was approved for the award of the MUC for the period 19 March 2003 to 2 February 2004. b. Numerous documents, to include his ERB, dated 9 March 2004, which show he was assigned the 716th MP Battalion and the 194th MP Company during the period of 7 January through 31 October 2003. c. General Orders Number 3, dated 6 November 2007, showing in pertinent part the MUC was awarded to the 716th MP Battalion, 101st Airborne Division from 25 April 2003 to 2 February 2004 to include the following assigned or attached units: 194th MP Company, 551st MP Company, 977th MP Company, Detachment, 988th MP Company, and the 442d MP Company. d. A self-authored statement, dated 11 February 2016, which states, in pertinent part, he has provided evidence showing that in 2001 he was transferred to Fort Campbell, Kentucky from Korea. At Fort Campbell he was assigned to the 716th MP Battalion and attached to several subordinate units (551st MP Company, 194th MP Company, and 163d MP Detachment) up until his separation date. He has supplied additional medical documentation that lists his unit of assignments within the dates specified in the MUC citation and for the minimum amount of time to be in the unit. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Service in a combat zone is not required, but must be directly related to the combat effort. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. Only on rare occasions will a unit larger than a battalion qualify for award of this decoration. b. Effective 1 March 1961, the MUC was authorized for units and/or detachments for exceptionally meritorious conduct in performance of outstanding services for at least 6 continuous months in support of military operations. Service(s), as used in this paragraph, is interpreted to relate to combat service support type activities and not to the type of activities performed by senior headquarters, combat, or combat support units. Effective 11 September 2001, the MUC was also authorized for combat arms and combat support units and/or detachments. DISCUSSION: The evidence of record shows the applicant was assigned/and or attached to the 194th MP Company and the 716th MP Battalion during the period cited in the MUC award orders. General Orders Number 3, dated 6 November 2007 authorized award of the MUC to the 716th MP Battalion, 101st Airborne Division to include assigned or attached units. The evidence indicates he met the criteria for award of the MUC; however, this award is not listed on his 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) AR20160004611 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004611 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2