IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110024282 


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) for the period ending 30 April 1979 to show all of his active service time
* Correction of his DD Form 214 for the period ending 30 April 1979 to show the Army Superior Unit Award
* The Army Superior Unit Award be issued to him

2.  The applicant states, in effect, he believes it was an oversight that the Army Superior Unit Award was not added to his DD Form 214. 

3.  The applicant provides DD Form 214 and three DD Forms 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's records show he enlisted in the Regular Army (RA) on 11 August 1971 and he held military occupational specialty 11B (Infantryman).  He was honorably released from active duty on 5 August 1975 and transferred to the U.S. Army Reserve.

3.  The DD Form 214 he was issued for this period of service shows he completed 3 years, 11 months, and 25 days of creditable active service during this period of service.

4.  He enlisted in the RA on 6 April 1976.  He was honorably discharged for the purpose of immediate reenlistment on 27 March 1979.

5.  The DD Form 214 he was issued for this period of service shows he completed 2 years, 11 months, and 22 days of creditable active service during this period of service and had 3 years, 11 months, and 25 days of prior active service for a total of 6 years, 11 months, and 17 days of creditable active service.

6.  He reenlisted in the RA on 28 March 1979.  He was honorably retired from active duty on 30 April 2001 and placed on the Retired List on 1 May 2001.

7.  The DD Form 214 he was issued for this period of service shows in:

* Item 8a (Last Duty Assignment and Major Command) the Soldier System Center, U.S. Army Soldier and Biological Chemical Command (SBCCOM)
* Item 12c (Net Active Service this Period) 22 years, 1 month, and 3 days
* Item 12d (Total Prior Active Service) 6 years, 11 months, and 17 days

8.  His DD Form 214 for this period of service does not show award of the Army Superior Unit Award.

9.  The applicant provides:

* A memorandum, dated 16 January 2001, issued by the U.S. Army Personnel Command, Alexandria, VA, that shows the U.S. Army SBCCOM, was awarded the Army Superior Unit Award for the period 1 October 1999 to 1 October 2000
* A memorandum, undated, issued by the U.S. Army SBCCOM, Natick, MA, that shows he was eligible for award of the Army Superior Unit Award based on his assignment to the U.S. Army SBCCOM from 15 April 1996 to 31 January 2001
10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that item 12 shows the record of service and in:

* item 12c – enter the amount of active service this period
* item 12d – enter the total amount of prior active military service less time lost, if any, obtained from previously-issued DD Forms 214

11.  Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment.  This practice was stopped effective 1 October 1979.

12.  Army Regulation 600-8-22 (Military Awards) states the Army Superior Unit Award 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 evidence of record shows the applicant was assigned to the U.S. Army SBCCOM during the period this unit was cited for award of the Army Superior Unit Award which is not shown on his DD Form 214.  Therefore, he is entitled to this award and correction of his DD Form 214 for the period ending 30 April 2001 accordingly.

2.  With respect to correction of his DD Form 214 for the period ending 30 April 2001 to show all of his active service, the available evidence shows the applicant served honorably in the RA in an enlisted status from 11 August 1971 to 5 August 1975 and from 6 April 1976 to 27 March 1979 prior to the period of service under review.  As required by applicable regulations, at the time, he was issued two DD Forms 214 that captured this active service.  

3.  He reenlisted in the RA on 28 March 1979 and he was honorably retired from active duty on 30 April 2001.  The DD Form 214 he was issued for the period ending 30 April 2001 correctly shows his total active service for the period covered by the DD Form 214 and his total prior active service.  Therefore, he is not entitled to the requested relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__  ___X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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:

* adding to his DD Form 214 for the period ending 30 April 2001 the Army Superior Unit Award
* issuing the Army Superior Unit Award to the applicant

2.  The Board further determined that 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 correcting his DD Form 214 for the period ending 30 April 2001 to show additional active service.



      __________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)                                         AR20110024282



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ABCMR Record of Proceedings (cont)                                         AR20110024282



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