BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120003421
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Superior Unit Award.
2. The applicant states the above award was approved for her unit after her
DD Form 214 was published. The award has been approved and she requests correction of her records.
3. The applicant provides copies of:
* orders assigning her to the 423d Transportation Company, Fort Carson, CO, effective 28 February 2002
* orders directing her to report for active duty in support of Operation Enduring Freedom, effective 27 January 2003
* the Army Achievement Medal for exceptional service during Operation Enduring Freedom from 27 January 2003 to 9 June 2004
* a memorandum showing she was qualified for award of the Global War on Terrorism Service Medal
* her 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 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, a U.S. Army Reserve staff sergeant, was on active duty from
27 January 2003 to 22 July 2004. She held military occupational specialty (MOS) 88M (Motor Transport Operator).
3. Her records contain an Army Achievement Medal awarded for exceptional service during Operation Enduring Freedom from 27 January 2003 to 9 June 2004. Her unit is shown as the 423d Transportation Company.
4. Department of the Army General Orders (DAGO) Number 3, dated
6 November 2007, awarded the Army Superior Unit Award to the 307th Quartermaster Battalion for the period 1 February to 20 June 2003. The 423d Transportation Company is one of the assigned or attached units included in the award.
5. The applicant was honorably released from active duty on 22 July 2004. Her DD Form 214 does not show the Army Superior Unit Award.
DISCUSSION AND CONCLUSIONS:
A DAGO shows the applicant's unit was awarded the Army Superior Unit Award when she was assigned to the unit, which is not listed on her DD Form 214. Therefore, she is entitled to correction of her DD Form 214 to show this 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 her DD Form 214 the Army Superior 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) AR20120001607
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120003421
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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