IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110004407
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 Defense Superior Service Medal and the Joint Meritorious Unit Award.
2. The applicant states the documentation for both awards occurred after his DD Form 214 was prepared. He was detailed from the Walter Reed Army Institute of Research to the Office of the Deputy Assistant to the Secretary of Defense Chemical/Biological Defense [during the period of the award].
3. The applicant provides his DD Form 214, two orders, and an award citation.
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. Having had prior service, the applicant's records show he was appointed as a Medical Service (MS) Corps major in the Regular Army and executed an oath of office on 18 March 1994. He served in staff and leadership positions as an MS officer and attained the rank/grade of lieutenant colonel (LTC)/O-5.
3. He was assigned to the Walter Reed Army Institute of Research and attached to the Office of the Deputy Assistant to the Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs with duty in the Pentagon as the Senior Medical Chemical/Biological Defense Program Advisor from 27 April 2001 to 27 June 2003.
4. Awards Order Number 03-316, dated 30 September 2003, issued by the Office of the Secretary of Defense, awarded him the Defense Superior Service Medal for the period April 2001 to September 2003.
5. He was honorably retired on 30 September 2003. He completed 21 years, 2 months, and 4 days of creditable active service.
6. A DOD citation, dated 15 December 2004, awarded the Joint Meritorious Unit Award to the Office of the Secretary of Defense for the period from 11 September 2001 to 11 September 2003.
7. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show awards of the Defense Superior Service Medal or the Joint Meritorious Unit Award.
DISCUSSION AND CONCLUSIONS:
1. Orders awarded the applicant the Defense Superior Service Medal which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. He was attached to the Office of the Deputy Assistant to the Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs with duty in the Pentagon during the period this office was awarded the Joint Meritorious Unit Award. Therefore, he is 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 the Defense Superior Service Medal and the Joint Meritorious 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) AR20110004407
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