DOCKET NUMBER: AR20120004810
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 the Army Superior Unit Award.
2. The applicant states the award was omitted.
3. The applicant provides:
* DD Form 214, for the period ending on 13 May 1985
* General Orders (GO) Number 9, dated 1 April 1987
* Citation for award of the Army Superior Unit Award
* Memorandum authorizing award of the Army Superior Unit Award to the 1st Battalion, 3rd Infantry
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's records show he enlisted in the Regular Army on 14 May 1982 and he held military occupational specialty 11B (Infantryman).
3. His exact date of assignment to the 1st Battalion, 3rd Infantry is unknown.
4. On 18 March 1985, Headquarters, U.S. Army Military District of Washington, Fort McNair, DC, issued Orders 52-33 ordering his release from active duty effective 13 May 1985. The orders listed his unit of assignment as Company A, 1st Battalion, 3rd U.S. Infantry (The Old Guard).
5. He was honorably released from active duty on 13 May 1985 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining obligation. His DD Form 214 shows in:
* Item 7 (Last Duty Assignment and Major Command) - Company A, 1st Battalion, 3rd Infantry, The Old Guard
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show the Army Superior Unit Award
6. Headquarters, Department of the Army General Orders Number 9, issued on 1 April 1987, awarded the 1st Battalion, 3rd Infantry, the Army Superior Unit Award for service from 1 May 1984 to 1 February 1985.
7. 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 applicant's service records do not show the exact dates of assignment to and service with the 1st Battalion, 3rd Infantry. The only indication he was assigned to this unit is the separation order, issued on 13 May 1985. The 1st Battalion, 3rd Infantry, was awarded the Army Superior Unit Award for service from 1 May 1984 to 1 February 1985.
2. In the absence of additional documentary evidence confirming the applicant's assignment to and service with this unit during the period of the Army Superior Unit Award, there is insufficient evidence to add it to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x______ __x___ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20120004810
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