BOARD DATE: 12 April 2011 DOCKET NUMBER: AR20100018222 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 a third award of the Army Commendation Medal (ARCOM), the Combat Action Badge (CAB), and the Army Superior Unit Award (ASUA). 2. The applicant states he received the ARCOM after transitioning and that he participated in direct combat during Desert Shield/Storm. He states that his unit, 3rd Battalion, 504th Parachute Infantry Regiment (PIR) was awarded the ASUA for a Sinai mission. 3. The applicant provides three DA Forms 638 (Recommendation for Award), and his DD Form 214. 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. The applicant enlisted in the Regular Army on 2 October 1989. Upon completion of initial entry training he was awarded military occupational specialty 54B (Chemical Operations Specialist). He reenlisted on 27 March 1992 and on 29 July 1993. 3. A DA Form 638, dated 23 April 1996, shows he was awarded the ARCOM with 2nd Oak Leaf Cluster (3rd Award) for the period 4 April 1990 to 15 June 1996 by Headquarters, 504th PIR Permanent Orders Number 88-17, dated 13 May 1996. This ARCOM was an end of term of service (ETS) award. 4. A search of the U.S. Army Human Resources Command, Awards and Decorations Branch's web site confirms the 3rd Battalion, 504th PIR was awarded the ASUA for the period 18 January - 22 July 1996 by Department of the Army General Orders Number 15, dated 11 April 1997. 5. On 28 July 1996, he was released from active duty. Item 8a (Last Duty Station and Major Command) of his DD Form 214 shows his last duty assignment as the 3rd Battalion, 504th Infantry. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows: * Army Lapel Button * ARCOM (2nd Award) * Army Achievement Medal (7th Award) * Meritorious Unit Commendation * Army Good Conduct Medal * National Defense Service Medal * Southwest Asia Service Medal with two bronze service stars * Noncommissioned Officer Professional Development Ribbon with Numeral 2 * Army Service Ribbon * Kuwait Liberation Medal * Kuwait Liberation Medal (Kuwait) * Expert Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge * British Army Parachutist Wings 6. Army Regulation 600-8-22 (Military Awards) states an Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM. 7. Army Regulation 600-8-22 states award of the CAB is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show award of the ARCOM, CAB, and ASUA. 2. Permanent orders awarded him the ARCOM with 2nd Oak Leaf Cluster (3rd Award). Therefore, he is entitled to correction of his DD Form 214 to show this award. 3. Based on his service with the 3rd Battalion, 504th PIR, he is also entitled to correction of his DD Form 214 to show the ASUA. 4. The awards regulations states the CAB is authorized for individuals who served from 18 September 2001 to a date to be determined. Award of the CAB for service in any previous conflict is not authorized. He was released from active duty in 1996. Therefore, he did not serve during a period that qualifies him for award of the CAB. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x_____ ___x____ ___x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: a. deleting from item 13 of his DD Form 214 the Army Commendation Medal (2nd Award); and b. adding to item 13 of his DD Form 214 the Army Commendation Medal (3rd Award) and the Army Superior Unit Award. 2. The Board further determined that 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. ABCMR Record of Proceedings (cont) AR20100018222 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018222 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1