BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140002994 


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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 
4 November 1991:

* Southwest Asia Service Medal (SWASM) with 3 bronze service stars
* Joint Meritorious Unit Award (JMUA) with Oak Leaf Cluster
* Army Superior Unit Award (ASUA)

2.  The applicant states, in effect, that he served a qualifying period in SWA for award of a third bronze service star.  Further, general orders awarded his units of assignment the:

* JMUA (U.S. Army European Command)
* JMUA (U.S. Central Command (USCENTCOM))
* ASUA (32nd Army Air Defense Command (AADCOM))

3.  The applicant provides:

* DD Form 214, ending 4 November 1991
* DA Form 2-1 (Personnel Qualification Record)
* permanent change of station and deployment orders
* verification of tour in SWA for Operation Desert Shield/Storm
* Table summarizing his campaign credit and concluding awards


* Headquarters, Department of the Army, General Orders (DAGO):

* Number 22, dated 30 August 1991
* Number 34, dated 30 December 1992
* Number 7, dated 2 April 1993
* Number 14, dated 25 June 1993
* Number 12, dated 13 May 1994
* Number 9, dated 18 November 2005

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 served on active duty in the Regular Army in military occupational specialty 24K (Hawk Continuous Wave Radar Repairer) from 
10 November 1987 through 4 November 1991.  His DD Form 214 shows he was awarded or authorized:

* Army Achievement Medal
* Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* SWASM with two bronze service stars
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

3.  Item 18 (Remarks) of his DD Form 214 shows he served in SWA during the period 12 December 1990 to 4 May 1991.

4.  On 12 September 2013, he was issued a DD Form 215 (Correction to DD Form 214) which shows the following additional authorized awards:

* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Army Commendation Medal
* Army Lapel Button

5.  He provides:

	a.  Orders 72-021, issued by Headquarters, 21st Replacement Battalion, dated 12 March 1989, which show he was assigned to the 569th Ordnance Company, Wuerzburg, Germany, effective 16 March 1989.

	b.  Orders 210-91, issued by the 258th Personnel Service Center, dated 
5 December 1990, which show he was attached to Headquarters and Headquarters Battery (HHB), 8th Battalion, 43rd ADA, effective 4 December 1990, in support of Operation Desert Shield.

	c.  A table wherein he lists his participation in the Defense of Saudi Arabia, Liberation and Defense of Kuwait, and the SWA Cease-Fire campaigns.  Further, he provides general orders which show the:

* JMUA was awarded to Headquarters, USCENTCOM, for the period 
2 August 1990 to 21 April 1991 and to Headquarters, U.S. European Command, for the period 1 September 1989 to 31 August 1991
* ASUA was awarded to HHB, 32nd AADCOM, U.S. Army, Europe, and 7th Army, for the period 1 November 1990 to 31 August 1992

	d.  Several DAGOs to include amendments confirming the above awards.

6.  The applicant's record is void of documentation showing he was assigned or attached to Headquarters, USCENTCOM or Headquarters, U.S. European Command.

7.  A review of the U.S. Army Human Resources Command Website, Unit Awards Section, found no unit awards for the 569th Ordnance Company or HHB, 8th Battalion, 43rd ADA during his period of assignment.

8.  Department of Defense Instruction 1348.33 (Military Awards Program) states the Joint Meritorious Unit Award was authorized by the Secretary of Defense on
10 June 1981.  It is awarded to recognize joint units and activities for meritorious achievement or service superior to that which is normally expected.  Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation, or extraordinary circumstances and should be operational in nature.  The Joint Meritorious Unit Award may not be awarded to any DOD activity which has received any other unit award for the same achievement or period of service.  An oak leaf cluster is authorized for wear for each additional award of the Joint Meritorious Unit Award.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.   the SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

	b.  the ASUA 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.

	c.  Awards made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in DA General Orders.

DISCUSSION AND CONCLUSIONS:

1.  Records show he participated in three campaigns that entitled him to three bronze service stars for wear on his already-awarded SWASM.  His DD Form 214 currently lists two bronze service stars; therefore, it would be appropriate to correct his DD Form 214 to add the third bronze service star.



2.  The available record is void of any supporting documentation showing he was assigned or attached to Headquarters, USCENTCOM or Headquarters, U.S. European Command, or 32nd AADCOM.  As such, he is not authorized award of the JMUA or ASUA as specified in the DAGO he provided.

3.  In view of the above, he should be granted partial 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: 

	a.  deleting from his DD Form 214 the Southwest Asia Service Medal with two bronze service stars; and 

	b.  adding the Southwest Asia Service Medal with three bronze service stars to his DD Form 214.

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 the award of two Joint Meritorious Unit Awards and 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)                                         AR20140002994





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ABCMR Record of Proceedings (cont)                                         AR20140002994



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