IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110012885 


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 of Discharge for Active Duty) to include the medals and badges he earned while he was enlisted in the U.S. Army Reserve (USAR).  Specifically the:

* Meritorious Unit Commendation (2nd Award)
* Expert Marksmanship Qualification Badge with Pistol (.45 Caliber) Bar

2.  He further requests the Board investigate the award that accompanied the superior performance pay he received.

3.  The applicant states the U.S. Army failed to add the requested awards.

4.  The applicant provides:

* orders awarding superior performance pay
* orders awarding the Expert Marksmanship Qualification Badge with Pistol Bar 
* award certificate and a narrative for award of the Bronze Star Medal
* page 1 of a DA Form 638 (Recommendation for Award) - Bronze Star Medal
* award certificate for the Army Commendation Medal
* DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report)
* Permanent Orders 245-1 - Meritorious Unit Commendation


* Permanent Orders 9-8 and citation - Meritorious Unit Commendation (2nd Award)
* DD Form 214 and DD Form 215 (Correction to DD Form 214)

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 enlisted in the Regular Army on 30 November 1966 and held military occupational specialties (MOS) 16B (Hercules Missile Crewmember) and 95B (Military Police).  He served in Germany from 28 November 1967 to 29 June 1971.

3.  Special Orders Number 124, issued by Headquarters, 4th Missile Battalion, 43rd Artillery, on 4 July 1968, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

4.  Special Orders Number 21, issued by Headquarters, 4th Battalion, 43rd Artillery, on 6 February 1970, awarded him superior performance pay, effective 1 January 1970.  However, there is no indication in his record to show he received an additional award as a result of receiving superior performance pay.

5.  He was honorably released from active duty on 23 August 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  

6.  He enlisted in the USAR on 4 January 1980.  He served in a variety of assignments and/or MOS, and he attained the rank/grade of command sergeant major/E-9.  He was assigned to the 321st Materiel Management Center, Baton Rouge, LA.

7.  He entered active duty on 20 September 1990 and subsequently served in Southwest Asia in support of Operations Desert Shield/Storm from 7 October 1990 to 9 August 1991.  

8.  While in Southwest Asia, he was assigned as follows:

* His DA Form 638, recommended him for award of the Bronze Star Medal, while assigned to the 1st Area Support Battalion from 1 January to 1 June 1991
* The certificate awarding him the Army Commendation Medal shows he was assigned to the Area Support Battalion from 27 April to 13 July 1991
* His DA Form 2166-7 for the period October 1990 through June 1991 shows he was assigned to the 321st Materiel Management Center with duty with the 1st Area Support Battalion, Saudi Arabia

9.  He was honorably released from active duty on 30 August 1991.  Items 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 and his subsequent DD Form 215 show the following awards:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal with bronze service star
* Army Good Conduct Medal
* Army Achievement Medal (1st Oak Leaf Cluster)
* NCO Professional Development Medal with Numeral "4"
* Army Reserve Components Achievement Medal (1st Oak Leaf Cluster)
* Overseas Service Ribbon with Numeral "3"
* Armed Forces Reserve Medal
* Army Commendation Medal
* Meritorious Service Medal
* Southwest Asia Service Medal with 3 bronze service star
* Bronze Star Medal
* Kuwait Liberation Medal
* One overseas service bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  Item 35 of his DA Form 2-1 (Personnel Qualification Record) shows he was assigned to the 321st Material Management Center from 24 January 1984 through 27 July 1992.  Additionally, his retirement orders show he was still assigned to the 321st Material Management Center on 3 December 1992.

11.  Permanent Orders 245-1, issued by Headquarters, U.S. Army Forces Central Command, Fort McPherson, GA, on 16 December 1991, awarded Headquarters and Headquarters Company, Area Support Battalion (Provisional) the Meritorious Unit Commendation for meritorious service from 2 August 1990 to 11 April 1991. 

12.  Permanent Orders 9-8, issued by Headquarters, U.S. Army Forces Central Command, Fort McPherson, GA, on 16 January 1992, awarded the 321st Materiel Management Center the Meritorious Unit Commendation for meritorious service from 20 September 1990 to 30 March 1991.

13.  The applicant's records contain a DA Form 638-1 (Recommendation for Award (for Other than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)).  This form shows that he was deployed and assigned as the command sergeant major for the 1st Area Support Battalion (ASB).  Item 5 of his DA Form 2-1 confirms that he was deployed during the period 7 October 1990 through 9 August 1991.  

14.  The applicant provided a DA Form 2166-7 as evidence to show he was the command sergeant major for the 1st Area Support Command during the time the Meritorious Unit Commendation was awarded.

15.  Army Regulation 600-200 (Enlisted Personnel Management System), states:

	a.  in paragraph 6-18 that Superior Performance (Proficiency Pay) is designed to encourage and reward superior duty performance in MOSs that are not designated for award of Shortage Specialty (Proficiency Pay) or Special Duty Assignment (Proficiency Pay).  Superior Performance (Proficiency Pay) will be awarded based on the evaluation score attained by a Soldier from the annual MOS evaluation.  Superior Performance (Proficiency Pay) will be paid on a competitive basis to the individuals who place in the top 20 percent of those evaluated in a combat MOS and who place in the top 10 percent of those evaluated in a support MOS.  

	b.  in paragraph 6-21 an award of Superior Performance (Proficiency Pay) will be for a period of not more than 12 months based on annual evaluation in Primary MOS. Entitlement to Superior Performance (Proficiency Pay) terminates on the date prescribed in the annual Proficiency Pay Qualification Score Announcement for the Soldier's Primary MOS regardless of the date he was awarded the pay.

16.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-9 contains guidance on the burden of proof.  It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

17.  His records show he is entitled to additional awards which are not shown on his DD Form 214.

18.  Army Regulation 600-8-22 (Military Awards) provides that the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991 and the Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) which is not shown on his DD Form 214; therefore, he is entitled to correction of his last DD Form 214 to show this badge.

2.  The evidence of record shows he served in Southwest Asia during the Persian Gulf War from 7 October 1990 to 9 August 1991; therefore, he served a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) and he is entitled to correction of his last DD Form 214 to show these medals.

3.  With respect to the Meritorious Unit Commendation, he served in Southwest Asia from 7 October 1990 to 9 August 1991. 

	a.  The evidence of record clearly shows during his service in Southwest Asia he was assigned to the 1st Area Support Battalion as shown by his awards of the Bronze Star Medal (1 January to 1 June 1991), the Army Commendation Medal (27 April to 13 July 1991), and his DA Form 2166-7 (1 October 1990 through 30 June 1991) shows he was assigned to the 321st Materiel Management Center with duty with the 1st Area Support Battalion, Saudi Arabia.

	b.  The 321st Materiel Management Command was awarded the Meritorious Unit Commendation for meritorious service from 20 September 1990 to 30 March 1991.  Although his DA Form 2-1 shows he was assigned to the 321st Materiel Management Command in Baton Rouge, LA, he did not deploy to Southwest Asia until 7 October 1990 and he did so with another unit.  He was attached to a different unit at the time.  He does not qualify for award of the Meritorious Unit Commendation awarded to the 321st Materiel Management Center.

	c.  The unit he was attached to and served with - 1st Area Support Battalion -was awarded the Meritorious Unit Commendation for meritorious service from 2 August 1990 to 11 April 1991.  He is authorized the Meritorious Unit Commendation by virtue of his attachment to this unit.  The award should be listed on his DD Form 214.  

4.  With respect to awarding him special recognition for receiving superior performance pay, his records contain orders awarding him superior performance pay, which is an incentive and accountable for pay purposes only.  There is no evidence in his record, nor has he provided any, to show he was given an additional award as a result of receiving this incentive pay. 

5.  With respect to conducting an investigation, the ABCMR corrects records; it is not an investigative body.  He has the burden of proving an error or injustice by submitting evidence for consideration with his application.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting from item 13 of his DD Form 214 for the period ending 30 August 1991 the Kuwait Liberation Medal
* Adding to item 13 of his DD Form 214 for the period ending 30 August 1991 the:

* Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar 
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Meritorious Unit Commendation

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to:

* A second award of the Meritorious Unit Commendation
* Conducting an investigation regarding the receipt of an award accompanying his superior performance pay



      _______ _   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)                                         AR20110012885



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ABCMR Record of Proceedings (cont)                                         AR20110012885



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