IN THE CASE OF:	  

		BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140005150 


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 he was awarded or authorized the Joint Staff Identification Badge, Defense Superior Service Medal, and Joint Meritorious Unit Award.

2.  The applicant states he did not notice that the Joint Staff Identification Badge wasn't listed on his DD Form 214 and he did not receive the paperwork for the Defense Superior Service Medal and Joint Meritorious Unit Award until after he retired and signed his DD Form 214.  This is the second time he has submitted this form to request the updates.  He sent in his original request on 2 August 2012.  He did not receive any feedback on his original request.

3.  The applicant provides his DD Form 214 and copies of the following:

* Joint Chiefs of Staff Identification Badge certificate
* Defense Superior Service Medal certificate and citation
* Announcement of the Award of the Joint Meritorious Unit Award memorandum
* General Information – Joint Meritorious Unit Award memorandum

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was commissioned in the Regular Army on 31 May 1990 and held 15A (aviation) as his area of concentration (AOC).  He served continuously on active duty until he was honorably retired on 30 June 2010.  His DD Form 214 shows he was awarded or authorized the:

* Defense Meritorious Service Medal
* Meritorious Service Medal (3rd Award)
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Ranger Tab
* Aviator Badge
* Parachutist Badge
* Air Assault Badge
* Army Staff Identification Badge

3.  He provided copies of the following:

   a.  a Joint Chiefs of Staff Identification Badge certificate, dated 19 June 2007, authorizing him to wear this badge while a member of the Joint Staff;

   b.  a Defense Superior Service Medal certificate, dated 24 June 2010, issued for exceptionally meritorious service;

   c.  a Defense Superior Service Medal citation which stated he distinguished himself by exceptionally superior service while serving as Chief, Network Operations Division, Chief, Customer Support Division, and Chief, Strategy Branch, Officer of the Chief Information Officer, Directorate of Management, the Joint Staff, from June 2006 to June 2010.
   d.  an Announcement of the Award of the Joint Meritorious Unit Award memorandum, dated 26 March 2012, which stated the Chairman of the Joint Chiefs of Staff had awarded the Joint Meritorious Unit Award for exceptionally meritorious service to the Joint Chiefs of Staff and Defense Intelligence Agency/J-2 during the period 18 September 2007 to 31 December 2011; and

   e.  a General Information – Joint Meritorious Unit Award memorandum, dated 4 April 2012, which announced the approval of the Joint Meritorious Unit Award for the period 18 September 2007 to 31 December 2011 to currently assigned and former Joint Staff personnel.  Military personnel must be assigned for a minimum of 30 days during the award period to be eligible for the Joint Meritorious Unit Award.

4.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Defense Superior Service Medal is awarded by the Secretary of Defense to members of the Armed Forces of the United States who after 6 February 1976, rendered superior meritorious service in a position of significant responsibility.  

   b.  The Joint Chiefs of Staff Identification Badge is awarded by a certificate of eligibility issued to military personnel who have been assigned to duty and have served not less than 1 year after 14 January 1961 in a position of responsibility under the direct cognizance of the Joint Chiefs of Staff and must approved for authorization to wear the badge by the Chairman, Joint Chiefs of Staff; the Director, Joint Staff; the head of a Directorate of the Joint Staff; or one of the subordinate agencies of the organization of the Joint Chiefs of Staff.  

   c.  The only badges that have an approved lapel button are certain identification badges as follows:

* Presidential Service Badge
* Vice Presidential Service Badge
* Office of the Secretary of Defense Identification Badge
* Joint Chiefs of Staff Identification Badge
* Army Staff Identification Badge

DISCUSSION AND CONCLUSIONS:

The applicant was awarded the Joint Chiefs of Staff Identification Badge, the Defense Superior Service Medal, and the Joint Meritorious Unit Award during his period of active duty.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.
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 his DD Form 214 the Joint Chiefs of Staff Identification Badge, the Defense Superior Service Medal, and the Joint Meritorious 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)                                         AR20140005150





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ABCMR Record of Proceedings (cont)                                         AR20140005150



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