IN THE CASE OF:
BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100011965
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 entitlement to the Army Superior Unit Award.
2. The applicant states he was assigned to 3rd Battalion, 84th Field Artillery in Germany during the period stated in Department of the Army General Orders (DAGO) Number 30, dated 1 July 1987.
3. The applicant provides a copy of DAGO Number 30.
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 applicant enlisted in the Regular Army on 9 June 1983 and he completed training as a Pershing Missile Crewman. He arrived in Germany on 11 October 1983 and he was assigned to C Battery, 3rd Battalion, 84th Field Artillery.
3. He departed Germany en-route to the continental United States (CONUS) on
2 November 1985.
4. Item 35 (Section VII - Current and Previous Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows he was assigned to C Battery, 3rd Battalion, 84th Field Artillery in Germany from 11 October 1983 until his reassignment to CONUS on 2 November 1985.
5. On 8 April 1987, the applicant was honorably released from active duty by reason of reduction in authorized strength. He was transferred to a Colorado Army National Guard unit. Item 13 (Decorations, Medals, Badgers, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Service Ribbon
* Army Good Conduct Medal (1st award)
* Army Achievement Medal (3rd awards)
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button
6. DAGO Number 30, dated 1 July 1987, was published amending DAGO Number 9, dated 1987, pertaining to award of the Army Superior Unit Award to the "56th Field Artillery Command (Pershing). The amendment order listed the affected assigned and subordinate units, including 3rd Battalion, 84th Field Artillery during the period November 1983 - December 1985.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his entitlement to the Army Superior Unit Award was considered and found to have merit.
2. Evidence shows the applicant was assigned to 3rd Battalion, 84th Field Artillery during the period his unit was awarded the Army Superior Unit Award. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
3. In view of the foregoing, it would be in the interest of justice to correct the applicant's records as recommended below.
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.
___________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) AR20100011965
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