IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100025115
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 that the Army Superior Unit Award (ASUA) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he read an article stating that his unit, the 300th Military Police (MP) Company was awarded the ASUA in 1971 when he served with the unit.
3. The applicant provides no additional documents with his application.
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 8 June 1961 and served on active duty through a series of continuous reenlistments. He served in Vietnam as a supply sergeant from 5 April 1967 to 12 May 1968 with the 8th and 77th Artillery Regiments of the 25th Infantry Division and from 2 October 1970 to 2 October 1971 with the 300th MP Company.
3. On 31 January 1982, he was honorably released from active duty and transferred to the Retired List in pay grade E-7 effective 1 February 1982. His DD Form 214 shows that he was awarded the:
* National Defense Service Medal
* Army Commendation Medal
* Good Conduct Medal (5th Award)
* Vietnam Service Medal with six bronze service stars
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Bronze Star Medal
* Armed Forces Expeditionary Medal
* Army of Occupation Medal
* Overseas Service Ribbon
* Army Service Ribbon
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
4. A search of the United States Army Center of Military History website shows the applicants unit (300th MP Company) was awarded the ASUA Streamer embroidered 1990 1991.
5. Army Regulation 600-8-22 (Military Awards) states 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. The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines peacetime as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award.
DISCUSSION AND CONCLUSIONS:
1. The ASUA was not created until 1985 and while the applicants unit was subsequently awarded the ASUA for the period of 1990 1991, he was not serving with the unit when the unit earned the award and he is not entitled to award of the ASUA or to wear it.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20100025115
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ABCMR Record of Proceedings (cont) AR20100025115
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