IN THE CASE OF:	  

		BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100000677 


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) for the period ending 30 September 2005 to show award of the Defense Meritorious Service Medal (DMSM) (2nd Award) and the Army Superior Unit Award (ASUA).  Additionally, he requests his service "To" date in Albania be corrected to 28 July 1999.

2.  The applicant states his DD Form 214 was issued before his retirement award was completed.  He also states his unit, U.S. Army Operational Test Command (USAOTC), was awarded the ASUA during his tenure.  He maintains a typographical error occurred on his service dates in Italy and Albania.

3.  The applicant provides a copy of his DD Form 214, Temporary Change of Station (TCS) orders, DMSM certificate and orders, and his Officer Record Brief (ORB).

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 records show he was appointed as a Reserve Commissioned Officer on 13 May 1984.  He served on active duty from 28 January 1985 until he was honorably retired on 30 September 2005.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows only one award of the DMSM.  It does not show the ASUA.

4.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Albania from "19990429 to 19990628."

5.  Permanent Orders 112-2, issued by Headquarters, U.S. Forces, Korea, dated 22 April 2002, contained in the applicant's official military personnel file, show he was awarded the DMSM for the period 30 July 2001 to 29 July 2002.

6.  Military Personnel Awards Orders Number 2005-107, issued by the Defense Information Systems Agency, Arlington, VA, dated 15 June 2005, show the applicant was awarded the DMSM (1st Oak Leaf Cluster) for the period 12 June 2002 to 30 September 2005.  The citation and certificate confirm this award.

7.  Orders L113-82, issued by Headquarters, III Corps, Fort hood, TX, dated
23 April 1999, show he was directed to proceed on TCS for the purpose of deployment in support of Joint Task Force (JTF) - Noble Anvil with a proceed date of on or about 29 April 1999.  Additionally, "Original Orders," issued by Headquarters, JTF - Noble Anvil, dated 22 July 1999, indicated the applicant reported to the Headquarters on 29 April 1999 and departed on 28 July 1999.

8.  The applicant's ORB shows the following the relevant previous assignments from date, organization, and station:

* 21 July 2000, 1114th USA Signal Battalion, Fort Hood
* 28 July 1999. USAOTC, Fort Hood
* 29 April 1999, JTF - Noble Anvil, Italy 
* 30 July 1998, USAOTC, Fort Hood 

9.  A review of the U.S. Army Human Resources Command (USAHRC), Awards and Decorations, Unit Award website, shows Headquarters, USAOTC, was awarded the ASUA for the period 1 October 1999 to 1 October 2000 by Department of the Army General Orders 2001-29.

10.  Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exemption (CTZE) from 1 May 1999 to 31 July 1999 while assigned in Bosnia Herzegovina.  He also received family separation allowance from 28 April 1999 to 28 July 1999.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  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.  Wear of the award by individual Soldiers is governed by Army Regulation 670-1(Wear and Appearance of Army Uniforms and Insignia).

12.  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.

13.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the DMSM.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders 112-1 and Military Personnel Awards Order Number
2005-107 show that the applicant was awarded two awards of the DMSM.  Therefore, his DD Form 214 should be corrected to show the DMSM with 1st Oak Leaf Cluster.

2.  Information obtained from the USAHRC Awards website shows the ASUA was awarded to USAOTC for the period 1 October 1999 to 1 October 2000.  Evidence of record shows that the applicant was assigned to this command 

during the period 28 July 1999 to 21 July 2000.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  The applicant's "Original Orders" and information obtained from the DFAS verifies the applicant received HF/IDP and CZTE from 1 May 1999 to 31 July 1999 for Bosnia Herzegovina which is consistent with the applicant's claim and TCS orders.  Therefore, his DD Form 214 should be corrected to show his period of deployment in Albania from 29 April 1999 to 28 July 1999.

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 Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 13 of his DD Form 214 the Defense Meritorious Service Medal;

	b.  adding to item 13 of his DD Form 214 the Defense Meritorious Service Medal with 1st oak leaf cluster and the Army Superior Unit Award; and

	c.  deleting from item 18 of his DD Form 214 the entry of "SERVICE IN ALBANIA FROM 19990429 TO 19990628" and replacing it with the entry "SERVICE IN ALBANIA FROM 19990429 TO 19990728."



      _______ _ 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)                                         AR20100000677



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100000677



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1