IN THE CASE OF:	  

		BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100008233 


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 award of the Army Superior Unit Award (ASUA) and the Meritorious Unit Commendation (MUC).

2.  The applicant states these awards were approved and general orders published after his discharge from the Army.

3.  The applicant provides a copy of his DD Form 214, Statement of Wartime Service, Orders 186-97, Permanent Orders C068-34, General Orders Number 3, and General Orders Number 2009-23.

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 enlisted in the Regular Army on 27 August 1996.  He was honorably discharged on 6 November 2005 by reason of completion of required service and enlisted in a New Mexico Army National Guard unit.

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

4.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in the following designated imminent danger pay areas:

* Afghanistan from 13 April 2004 to 15 April 2005
* Kuwait/Iraq from 28 March 2002 to 28 September 2002
* Kosovo from 7 August 2001 to 15 November 2001

5.  Orders 186-97, issued by Headquarters, 3rd Infantry Division (Mechanized), Fort Stewart, GA, dated 5 July 2001, show the applicant was scheduled to deploy to Kosovo on or about 16 July 2001 in support of Task Force Falcon.  His assigned unit of deployment was listed as Headquarters and Headquarters Detachment, 3d Combat Support Battalion.

6.  Permanent Orders C068-34, issued by Military Personnel Division, U.S. Army Garrison Hawaii, Schofield Barracks, HI, dated 8 March 2004, show the applicant's unit was directed to deploy to Afghanistan on Temporary Change of Station (TCS) orders in support of Operation Enduring Freedom (OEF).  The effective date was listed as on or about 9 April 2004.  The applicant's name is listed in Annex A of the TCS orders as part of the main body scheduled to deploy from C Company, 325th Forward Support Battalion, 25th Infantry Division.

7.  The statement of wartime service provided by the applicant verifies he deployed to the Central Asian Combined Joint Operations Area in support of OEF during the period 17 April 2004 to 17 April 2005.

8.  Department of the Army General Orders Number 3, dated 6 November 2007, show the 3d Support Battalion, to which the applicant was assigned, was cited for the award of the ASUA during the period 8 May 2001 to 21 November 2001.

9.  Department of the Army General Orders Number 2009-23, dated 
10 December 2009, show the 325th Support Battalion, to which the applicant was assigned, was cited for the award of the MUC during the period 17 April 2004 to 13 April 2005.
10.  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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Service in a combat zone is not required, but must be directly related to the combat effort.  The unit must display such outstanding devotion and superior performance of exceptionally difficult tasks as to set it apart and above other units with similar missions.  The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual. 

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the wear of awards by individual Soldiers.  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 and the MUC, a member must be assigned to and present for duty with the unit anytime during the period cited.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was assigned to the 3d Combat Support Battalion while deployed to Kosovo in support of Task Force Falcon from 7 August 2001 to 15 November 2001.  General Orders Number 3 show the
3d Support Battalion was cited for the award of the ASUA during the period of the applicant's deployment; however, based on the mission of Task Force Falcon, it appears that the 3rd Combat Support Battalion and 3d Support Battalion are one in the same.  Therefore, in the interest of equity, it would be appropriate to correct the applicant's DD Form 214 to show this unit award.

2.  General Orders Number 2009-23 awarded the MUC to the 325th Support Battalion during the applicant's period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit commendation.

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 adding to item 13 of his DD Form 214 the Army Superior Unit Award and the Meritorious Unit Commendation.



      ___________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)                                         AR20100008233



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         A