IN THE CASE OF: BOARD DATE: 16 July 2015 DOCKET NUMBER: AR20140020891 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), dated 27 February 2006, to show the Army Superior Unit Award (ASUA). 2. The applicant states the ASUA was awarded 3 years after his retirement. 3. The applicant provides copies of – * deployment orders * his DD Form 214, dated 27 February 2006 * Headquarters, Department of the Army (HQDA) General Orders Number 2009-24, dated 10 December 2009 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 provides a DD Form 214 that shows he served in an active duty status from 4 September 2005 through 27 February 2006. Item 18 (Remarks) shows he served in Kuwait/Iraq from 16 September 2005 through 3 February 2006. Item 12f (Foreign Service) shows 4 months and 18 days. 3. Orders 252-61, Headquarters, U. S. Army Air Defense Artillery Center and Fort Bliss, dated 9 September 2005, show he was scheduled for deployment to Headquarters, 85th Division and attached to Headquarters and Headquarters Company Area Support Group in Qatar effective 16 September 2005 for 179 days. 4. His DA Form 2-1 (Personnel Qualification Record - Part II) shows he was physically assigned to the Area Support Group-Qatar from 1 October 2005 through 26 February 2006 with duties as the installation physical security noncommissioned officer. 5. HQDA General Orders Number 2009-24, section VI, shows the ASUA was awarded to U. S. Army Forces Central Command - Qatar for the period 1 June 2004 to 31 December 2005. 6. The applicant retired from U. S. Army Reserve in the rank of master sergeant (MSG) effective 31 December 2006. 7. Army Regulation 600-8-22 (Military Awards) states the ASUA was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime. The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award. 8. 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. DISCUSSION AND CONCLUSIONS: Orders show the applicant’s unit in Qatar was cited for award of the ASUA when he was assigned to the unit. Therefore, he is authorized correction of his DD Form 214, dated 27 February 2006, to show this award. BOARD VOTE: ____X____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Superior Unit Award to his DD Form 214 dated 27 February 2006. _____________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) AR20100022947 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140020891 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1