ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 August 2019 DOCKET NUMBER: AR20170013584 APPLICANT REQUESTS: an update of medals/awards earned that were awarded after discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Permanent orders 090-15, dated 31 March 2014 * Temporary Change of Station Orders CR026-0372, dated 26 January 2012 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he is requesting an updated of medals he earned after discharge. 3. The applicant provided: a. A copy of Permanent Orders 090-15, announcing the award of the Meritorious Unit Commendation to his unit; the 704th Combat Support Battalion. The award was for the unit’s exceptional service during the period 7 March 2012 to 5 December 2012. b. A copy of temporary change of station orders, dated 26 January 2012. The orders directed the applicant’s deployment in support of Operation Enduring Freedom. His deployment period was projected to begin on 10 March 2012 and not exceed 260 days. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 5 October 2010. a. b. He completed basic training and advanced individual training (AIT) in military occupational specialty 88M (truck driver). After AIT he was assigned to Company E, 704th Combat Support Battalion, Fort Carson CO. c. The applicant’s service record is void of Foreign Service and deployments to imminent danger zones for the Board to review. d. On 7 May 2012, he was honorably discharged. His DD Form 214 showed he served 1 year, 7 months, and 3 days of active duty service. He was awarded or authorized: * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Medal 5. By regulation Army Regulation 600-8-22 (Military Awards) states. a. The Meritorious Unit Commendation 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. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. b. The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF). The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area. The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated Afghanistan campaigns are: c. The Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. 6. By regulation, AR 670-1 states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited. 1. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the applicant’s unit was awarded the Meritorious Unit Commendation and that award is not currently reflected on his DD Form 214. However, although the applicant provided deployment orders, the Board found insufficient evidence to show that those orders were executed (such as LES documents, awards, etc). In addition there was no evidence to show that if the orders were executed, what dates of the applicant were included (from start date to end date). Finally, the Board did note the administrative note below from the analyst of record and recommended that change also be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding the Meritorious Unit Commnedation 2. Additionally, the Board noted the administrative note below from the analyst of record and recommended that change be completed as well to more accurately depict the military service of the applicant. 3. However, The Board also 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 granting additional awards or reflecting his deployment service, as there was insufficient evidence to show the specific periods of service covered within the deployment. 10/28/2019 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s service record shows his DD Form 214 contains administrative errors. The applicant’s service records indicates he completed 1 year, 7 months and 3 days of active duty and is authorized the first award of the Good Conduct Medal. As a result, amend his DD Form 214 by adding to item 13 the entry “Good Conduct Medal.” REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) in effect at the time: a. The Meritorious Unit Commendation 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. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. b. The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF). The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area. The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated Afghanistan campaigns are: c. The Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. 3. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited. 4. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for award: * Each 3 years completed on or after 27 August 1940 * * For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 * For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year * For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty