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ARMY | BCMR | CY2004 | 20040006941C070208
Original file (20040006941C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          4 August 2005
      DOCKET NUMBER:  AR20040006941


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. LaVerne Douglas               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Air Force Outstanding Unit
Award.

2.  The applicant states that he was assigned to the U.S. Army Signal
Research Activity when the unit award was earned; however, he had been
discharged prior to the orders being sent to his former unit.

3.  The applicant provides special orders for the Air Force Outstanding
Unit Award; a citation for the unit award; a letter of commendation, dated
16 November 1961; and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 June 1962.  The application submitted in this case is dated
30 August 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted on 24 July 1959 for a period of 3 years.  He
served as a teletype operator and was honorably discharged on 29 June 1962.

4.  The applicant's DD Form 214 does not show the Air Force Outstanding
Unit Award as an authorized award.

5.  Records show the applicant was assigned to the U.S. Army Signal
Research Activity on 15 October 1959.  He was subsequently assigned to two
components of the U.S. Army Signal Research Activity, the U.S. Army Signal
Research Unit Number 8 from 1 January 1960 to 26 May 1961 and the U.S. Army
Signal Research Unit Number 7 from 24 July 1961 to 23 June 1962.

6.  Department of the Air Force Special Order G-150, dated 31 October 1963,
shows the U.S. Army Signal Research Activity was awarded the Air Force
Outstanding Unit Award for exceptionally meritorious service in support of
military operations from 1 September 1961 to 25 December 1962.

DISCUSSION AND CONCLUSIONS:

Orders show the applicant's unit was awarded the Air Force Outstanding Unit
Award during a period of time he was assigned to it.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

JA_____  RD______  LD_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  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 to show award
of the Air Force Outstanding Unit Award.




            ___James Anderholm____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006941                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050804                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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