IN THE CASE OF:	

		BOARD DATE:	  23 February 2010

		DOCKET NUMBER:  AR20090016635 


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 the Army Superior Unit Award (ASUA) be added to his record and DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, he was assigned to the 110th Military Police (MP) Company from 22 November 1983 through 17 June 1985, and the unit received the ASUA for the period June 1983 to December 1985.

3.  The applicant provides, in support of his application, a copy of two DD Forms 214; Headquarters, 59th Ordnance Brigade, Permanent Order 150-2, dated
16 October 1985, awarding him the Army Achievement Medal for meritorious service for the period 22 November 1983 to 17 June 1985; and Headquarters, Department of the Army, General Orders (DAGO) Number 22, dated 30 August 1991, that awarded his unit the ASUA.

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's record shows he initially enlisted in the Regular Army (RA) on 8 July 1983.  He served for 1 year, 11 months, and 27 days until being honorably released from active duty (REFRAD) on 4 July 1985 at the expiration of his term of service.  The DD Form 214 he was issued at the time contains an entry in item 7 (Last Duty Assignment and major command) that shows his last assignment was to the 110th Military Police Company, U.S. Army Europe (USAREUR).

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 4 July 1985 shows he earned the following awards:  Army Service Ribbon, Overseas Service Ribbon, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle (M-16), Grenade, Machinegun (M-60), and Pistol (.45 caliber) Bars.

4.  The record shows the applicant again enlisted in the RA on 11 August 1986 and he continued to serve for 3 years until he was honorably discharged on      10 August 1989.  Item 13 of the DD Form 214 for this period of service shows he earned the following awards:  Army Achievement Medal, Army Good Conduct Medal, Army Service Ribbon, Overseas Service Ribbon, Air Assault Badge, and Noncommissioned Officers Professional Development Ribbon.

5.  The applicant's Official Military Personnel File (OMPF) contains a copy of Permanent Order 150-2, dated 16 October 1985, which shows the applicant was assigned to the 110th Military Police Company during the period 22 November 1983 through 17 June 1985.

6.  DAGO Number 22, dated 30 August 1991, awarded the 110th Military Police Company the ASUA for the period June 1983 to December 1985.

7.  In addition to the Army Achievement Medal provided by the applicant, the applicant's OMPF also contains a copy of the following permanent orders published by Headquarters, U.S. Military District of Washington, Fort Lesley J. McNair, Washington, DC:

   a.  Permanent Orders 132-2, dated 1 September 1987, that awarded the applicant the Army Achievement Medal for meritorious achievement during the period 20 April 1987 to 10 July 1987; and

	b.  Permanent Orders 150-03, dated 6 September 1989, that awarded the applicant the Army Achievement Medal for meritorious service during the period 14 November 1986 to 10 August 1989.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  It states the ASUA was established by the Secretary of the Army on        8 April 1985, to recognize outstanding meritorious performance of a unit during peacetime of a difficult and challenging mission under extraordinary circumstances.  Circumstances may be deemed to be extraordinary when they do not represent the typical day-to-day circumstances under which the unit normally performs, or may reasonably be expected to perform, its peacetime mission.  The unit must display such outstanding devotion and superior performance of exceptionally difficult tasks as to set the unit apart from and above other units with similar missions.  Wear of the award by individual Soldiers is governed by Army Regulation 670-1(Wear and Appearance of Army Uniforms and Insignia).

9.  Chapter 29 of Army Regulation 670-1 contains guidance on wear of decorations, service medals, badges, unit awards, and appurtenances.  Table 29-1 outlines the requirements for temporary and permanent award of unit awards.  It states, in pertinent part, that in order to qualify for permanent award of the ASUA, a member must be assigned to and present for duty with the unit anytime during the period cited.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

11.  Army Regulation 600-8-22 also states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the ASUA should be added to his record and DD Form 214 was carefully considered and found to have merit.

2.  By regulation, permanent award of the ASUA is authorized to a member assigned to and present for duty with the unit anytime during the period cited for the award.

3.  The evidence of record confirms the 110th Military Police Company was awarded the ASUA for the period June 1983 to December 1985.  It also confirms 
that the applicant was assigned to the unit from 22 November 1983 to 17 June 1985, which falls within the period for which the unit received the ASUA.  Therefore, the applicant is entitled to permanent award of the ASUA and correction of his records to show this award.

4.  Evidence shows the applicant received three Army Achievement Medals during his tenure on active duty.  Therefore, his records should be corrected to show award of the Army Achievement Medal (2nd oak leaf cluster).

BOARD VOTE:

___X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  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.  As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected by:

   a.  deleting from item 13 of his DD Form 214 for the period ending 10 August 1989 the Army Achievement Medal;

   b.  adding to item 13 of his DD Form 214 for the period ending 10 August 1989 the Army Achievement Medal (2nd oak leaf cluster); Army Superior Unit Award; and the Expert Marksmanship Qualification Badge with Rifle (M-16), Machinegun (M-60), Pistol (.45 caliber), and Grenade Bars; and





	c.  providing him a correction to his DD Form 214 for the period ending
10 August 1989 to show these changes.



      __________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)                                         AR20090016635



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