IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20110023905 


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 Army Superior Unit Award for his foreign service in Taszar, Hungary in support of Operation Joint Endeavor.

2.  He states the 1st Military Intelligence Battalion (Aerial Exploitation) was awarded the Army Superior Unit Award for its service in Operation Joint Endeavor during the 1995-1996 time frame.  He was the Battalion Commander of this unit during the period 24 June 1994 to 14 July 1996, and actually deployed with the very first battalion aircraft to Taszar, Hungary on 22 December 1995.  He contends that as the unit's commander during the period covered by the award, he is entitled to a personal award pursuant to Army Regulation 600-8-22 (Military Awards).

3.  He provides four pages of information pertaining to the history of the 1st Military Intelligence Battalion extracted from two internet websites.

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.  Upon completion of sufficient active duty service the applicant was retired from the Regular Army in the rank/grade of lieutenant colonel/O-5 on 31 May 1999.

3.  The applicant's Official Military Personnel File (OMPF) contains:

	a.  three DA Forms 67-8 (U.S. Officer Evaluation Report) rendered for the period 17 May 1994 through 23 June 1996 which show he was assigned to Headquarters, Headquarters and Service Company, 1st Military Intelligence Battalion as the Battalion Commander throughout the respective rating periods.  These forms also show he deployed to Hungary in support of Task Force Eagle during Operation Joint Endeavor.

	b.  a DA Form 4980-12 (Meritorious Service Medal Certificate), dated 15 July 1996, which shows he was awarded the Meritorious Service Medal for exceptionally meritorious service while serving as Commander, 1st Military Intelligence Battalion, Task Force Eagle, during Operation Joint Endeavor.

	c.  an Officer Record Brief, dated 7 May 1999, which shows he served as the Battalion Commander of 1st Military Intelligence Battalion in Taszar, Hungary from 20 December 1995 through 14 July 1996, a period of 7 months.

4.  His OMPF is void of any evidence showing he was previously authorized the Army Superior Unit Award.

5.  The applicant's DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), dated 16 November 2011, does not show award of the Army Superior Unit Award.

6.  Department of the Army General Orders Number 25, dated 8 June 2001, show the Army Superior Unit Award was awarded to Task Force Eagle, 1st Armored Division for meritorious service during the period 15 October 1995 to 10 December 1996.  Headquarters, Headquarters and Service Company, 1st Military Intelligence Battalion is listed among the task force's assigned or attached units.

7.  A review of the lineage and honors for the 1st Military Intelligence Battalion on the Institute of Heraldry's website shows the unit was awarded the Army Superior Unit Award for the period 1995-1996.

8.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Army Superior Unit Award for his foreign service in Taszar, Hungary was carefully considered and determined to have merit.

2.  Two years after the applicant retired, Department of the Army General Orders award the applicant's unit the Army Superior Unit Award for meritorious service during his tenure.

3.  Evidence clearly shows he completed a qualifying period of service for entitlement to the Army Superior Unit Award.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The applicant also contended that as the unit’s commander during the period covered by the Army Superior Unit Award he is entitled to a personal award.  It is noted that he was awarded the Meritorious Service Medal for exceptionally meritorious service while serving as Commander, 1st Military Intelligence Battalion, Task Force Eagle, during Operation Joint Endeavor.  It cannot be determined exactly what the applicant meant by this statement.

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 the Army Superior Unit Award to his DD Form 214 for the period ending 31 May 1999.



      _______ _   _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)                                         AR20110023905





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ABCMR Record of Proceedings (cont)                                         AR20110023905



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