BOARD DATE: 13 September 2010
DOCKET NUMBER: AR20100009915
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 the Army Superior Unit Award (ASUA).
2. The applicant states while he was serving with the 29th Military Intelligence Battalion during Operation Just Cause, it was awarded the ASUA. He claims he served with the unit from 6 September 1988 through 25 July 1990.
3. The applicant provides a copy of his DD Form 214 for the period ending
31 October 1997 and Page 1 of his DA Form 2-1 (Personnel Qualification Record).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows he served on active duty for 24 years, 6 months, and 4 days until being honorably retired, in the rank/grade of sergeant major (SGM)/E-9, on 31 October 1997. The DD Form 214 he was issued upon his retirement does not include the ASUA in item 13 (Decorations, Medals, Badges, Citations or Campaign Ribbons Awarded or Authorized).
3. The applicants record contains a Meritorious Service Medal award certificate and a DA Form 2166-7 (Noncommissioned Officer Evaluation Report) that confirm he served as an operations sergeant and first sergeant with the
29th Military Intelligence Battalion during the period 29 September 1988 through 10 July 1990.
4. Department of the Army General Order (DAGO) Number 8, issued on 15 April 1991, awarded the 29th Military Intelligence Battalion the ASUA for the period
1 December 1988 through 19 December 1999.
5. Army Regulation 600-8-22 (Military Awards) provides the Armys awards policy. Paragraph 7-16 contains guidance on the ASUA. It states it is awarded to recognize outstanding meritorious performance of a unit during peacetime of a difficult and challenging mission under extraordinary circumstances. A Soldier may wear the unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited.
DISCUSSION AND CONCLUSIONS:
The applicants contention that the ASUA should be added to item 13 of his
DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms the applicant was assigned to the 29th Military Intelligence Battalion during the period for which it was awarded the ASUA. Therefore, he is authorized permanent wear of the award and entitled to correction of his DD Form 214 to show this unit award.
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 for the period ending 31 October 1997 the Army Superior Unit Award.
__________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) AR20100009915
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100009915
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