IN THE CASE OF:	  

		BOARD DATE:  31 January 2013

		DOCKET NUMBER:  AR20120012233 


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 (ASUA) and the Holland Cross for the Four Day Marches.

2.  The applicant states the ASUA was approved for the Joint Attack Munitions Systems Project Office, U.S. Army Program Executive Office (PEO), Missile and Space, for the period September 2007 to March 2008.  He served as the Assistant Product Manager for the HELLFIRE Missile System during that period; however, he only recently learned the unit award was approved.  He also states he recently learned the Holland Cross for the Four Day Marches is authorized for wear on the U.S. Army uniform as a foreign decoration.

3.  The applicant provides a copy of his DA Form 4037 (Officer Record Brief (ORB)), Army Achievement Medal Certificate, a Certificate of Achievement, and the ASUA documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a U.S. Army Reserve commissioned officer in the rank/grade of second lieutenant (2LT)/O-1 on 30 July 1990.

2.  The applicant entered active duty on 29 January 1991, he continued to serve on active duty, and he was appointed as a Regular Army (RA) commissioned officer.  He was promoted to lieutenant colonel (LTC)/O-5 on 1 March 2008.

3.  The applicant's ORB shows in section IX (Assignment Information) he served as the Assistant Product Manager, Hellfire Systems, while assigned to the U.S. Army PEO, Missile and Space, Redstone, AL, from 12 September 2007 through 9 March 2008.  He remained assigned to the organization through
28 February 2011.

4.  The applicant's DD Form 214 shows he was retired on 28 February 2011 by reason of sufficient service for retirement.  He completed 20 years, 1 month, and 2 days of creditable active service.

	a.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the ASUA or the Holland Four Day Event Cross.  (This item shows he was awarded the Distinguished Service Medal.)

	b.  Item 18 (Remarks) shows, in part, he served in Iraq from 12 August 2006 through 11 June 2007.

5.  A review of the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), failed to reveal any evidence that shows he was awarded the ASUA or the Holland Four Day Event Cross.

	a.  This review also failed to reveal he was awarded the U.S. Army Distinguished Service Medal.

	b.  A State of Tennessee, Tennessee National Guard, Distinguished Service Medal certificate and citation show he was awarded the Tennessee National Guard Distinguished Service Medal for exceptionally distinguished service from May 1999 to October 2001.

6.  The applicant provides the following documents:

	a.  U.S. Army, Europe and Seventh Army, Certificate of Achievement, dated 21 July 1995, that shows he was recognized by Brigadier General Larry J. L--- for his outstanding support of the 1995 International Four Days Marches in Nijmegen, The Netherlands.

	b.  Army Achievement Medal Certificate and DA Form 638 (Recommendation for Award) that show Headquarters, 409th Base Support Battalion, Permanent Order Number 220-2, dated 8 August 1995, awarded the applicant the Army 


Achievement Medal for meritorious achievement as the officer in charge of the 79th Annual 100-mile Nijmegen Road March from 18 to 21 July 1995.

	c.  U.S. Army Human Resources Command (HRC), Fort Knox, KY, memorandum, dated 18 August 2011, subject:  ASUA Permanent Orders, shows the U.S. Army PEO, Tactical Missiles, was designated as the U.S. Army PEO, Missiles and Space, on 20 February 2007.  Consequently, two sets of orders were generated to account for the change in unit designation and to ensure all intended personnel were recognized for the full duration of the ASUA.

		(1)  HRC Permanent Orders 229-07, dated 17 August 2010, awarded the Joint Attack Munitions Systems Project Office, Tactical Missiles, the ASUA for outstanding meritorious service from 5 December 2006 to 19 February 2007.

		(2)  HRC Permanent Orders 229-08, dated 17 August 2010, awarded the Joint Attack Munitions Systems Project Office, Missiles and Space, the ASUA for outstanding meritorious service from 20 February 2007 to 5 March 2008.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Distinguished Service Medal is awarded to any person who, while serving in any capacity with the U. S Army, has distinguished himself or herself by exceptionally meritorious service to the Government in a duty of great responsibility.  The performance must be such as to merit recognition for service which is clearly exceptional.  Exceptional performance of normal duty will not alone justify an award of this decoration.  For service not related to actual war, the term "duty of great responsibility" applies to a narrower range of positions than in time of war and requires evidence of conspicuously significant achievement.  However, justification of the award may accrue by virtue of exceptionally meritorious service in a succession of high positions of great importance.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Appendix E (Foreign Decorations) shows the Holland Four Day Event Cross is a foreign decoration approved for acceptance and wear.

	c.  Individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Individual decorations that do not meet these criteria may be authorized for acceptance, but not for wear and will not be entered in the official military records of the recipient.  Of particular importance are the criteria established by the military department of the host country.  For example, if a particular decoration is authorized for award only to enlisted personnel of host country then the decoration may be accepted and worn by U.S. Army enlisted personnel.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, ORB, personnel/finance records, discharge documents, separation orders, or any other document authorized for filing in the AMHRR.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  (Chapter 1 (Introduction), paragraph 1-41 (Order of precedence - awards and decorations), does not list State awards.)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Holland Cross for the Four Day Marches and the ASUA.

2.  The evidence of record shows the applicant was awarded the Army Achievement Medal and a certificate of achievement for his outstanding support 
as the officer in charge of the 79th Annual 100-mile Nijmegen Road March in Nijmegen, The Netherlands, from 18 to 21 July 1995.  However, there is no evidence that the Holland Four Day Event Cross was awarded to the applicant in recognition of this military activity and by the military department of the host country.  Therefore, there is an insufficient evidentiary basis for correcting his record to show this foreign decoration.

3.  Permanent orders awarded the applicant's unit the ASUA during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  Records show the applicant was awarded the Tennessee National Guard Distinguished Service Medal.  However, the evidence of record failed to reveal any evidence that the applicant was awarded the U.S. Army Distinguished Service Medal.

5.  Although it appears that an administrative error was made in the issuance of his DD Form 214 that included the Tennessee National Guard "Distinguished Service Medal," it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.  For this reason, the Board will not take any action to affect the administrative change to delete this award without the applicant's request/consent.

6.  The applicant is advised that a copy of this decisional document will be filed in his AMHRR.

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 item 13 of his DD Form 214 the "Army Superior Unit Award."

2.  The Board further determined that the evidence presented was 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 adding the Holland Cross for the Four Day Marches to his DD Form 214.



      _______ _  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)                                         AR20120012233



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ABCMR Record of Proceedings (cont)                                         AR20120012233



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