PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           11 APRIL 2002                   
	DOCKET NUMBER:   AR2001065574

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Richard T. Dunbar		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the award of the Legion of Merit and the Superior Unit Award be reflected on his DD Form 214.

3.  The applicant states that both were awarded after his DD Form 214 was completed.  He encloses a copy of the order awarding him the Legion of Merit, and states that he has tried in vain to obtain a copy of the order awarding the     2nd Battalion, 10th Special Forces Group (A) the Superior Unit Award during the time of his assignment.   

4.  The applicant’s military records show that he was retired with a permanent disability on 11 March 2001 with over 21 years of military service.  His               DD Form 214 does not reflect award of the Legion of Merit or the Superior Unit Award. 

5.  Permanent order 092-20, dated 2 April 2001, published by the Army Combined Arms Center and Fort Leavenworth, awarded the applicant the Legion of Merit for meritorious service from 12 March 1991 to 12 March 2001.  The order was published after his retirement. 

6.  A copy of a page from a qualification record that the applicant submits with his request shows that he was assigned to A Company, 2nd Battalion, 10th Special Forces Group (A) at Fort Carson, Colorado from 2 November 1994 to                  7 July 1997.

7.  Information obtained from the Awards Branch, Total Army Personnel Command on 3 April 2002, revealed that the applicant’s former unit, Company A, 2nd Battalion, 10th Special Forces Group, was awarded the Superior Unit Award, but for the period 20 May 1994 to 3 June 1994, prior to the applicant’s assignment to that unit.

CONCLUSIONS:

1.  The applicant was awarded the Legion of Merit.  That award should be reflected on his DD Form 214.

2.  The applicant was not assigned to Company A, 2nd Battalion, 10th Special Forces Group during the period when that unit was awarded the Superior Unit Award.  Therefore, he is not entitled to that award. 

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Legion of Merit. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__MKP__  __EJA __  __RTD __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2001065574	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020411	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	46	
3.		
4.		
5.		
6.