IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140007114
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 last DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 13 February 2004, to show he is authorized the Army Superior Unit Award (ASUA).
2. The applicant states:
a. Soldiers were given word of the award 2 to 3 months after his final DD Form 214 was created following his second deployment. However, the award was issued to his unit for its first deployment to Cuba.
b. Upon requesting his official military personnel file (OMPF) via the eBenefits website, he discovered that it only contains about 20 percent of the documents he has as he copied everything before his expiration of term of service in 2004.
c. His documents for awards were not present when he recently requested it, but all of his DD Forms 214 and his DD Form 215 (Correction to DD Form 214) are present. His first DD Form 214 shows the unit to which he was assigned, his military occupational specialty (MOS), and his dates of service in Cuba that correspond to the ASUA with an honorable discharge.
3. The applicant provides:
* Memorandum, Subject: ASUA, dated 30 October 2003
* Memorandum, Subject: 346th Military Police Company (Escort Guard) ASUA, dated 11 March 2004
* ASUA Certificate awarded to the 346th Military Police Company, dated 30 October 2003
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 enlisted in the U.S. Army Reserve (USAR) on 28 October 1996. Upon completion of active duty training, he was awarded MOS 95B (Military Police).
3. On 14 January 2002, he was ordered to active duty in support of Operation Enduring Freedom and subsequently served in Cuba from 12 May to 4 December 2002. He was released from active duty (REFRAD) on 13 January 2003. The DD Form 214 issued for this period does not list the ASUA as an authorized award. This form shows he was assigned to the 346th Military Police Company.
4. On 23 February 2003, he was ordered to active duty again in support of Operation Enduring Freedom and was REFRAD on 13 February 2004. His DD Form 214 for the period ending 13 February 2004 shows his last duty assignment as the 346th Military Police Company. The DD Form 214 issued for this period also shows award of the:
* Army Lapel Button
* Army Achievement Medal (3rd Award)
* Joint Meritorious Unit Award
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device (2nd Award)
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar
5. He provides a memorandum, subject: ASUA, dated 30 October 2003, from the Chief, Military Awards Branch, U.S. Army Human Resources Command, Alexandria, VA that shows the ASUA was approved for the 346th Military Police Company for the period 12 May to 5 December 2002.
6. He also provides a listing of personnel assigned to the 346th Military Police Company (EG), Joint Task Force 160, Guantanamo Bay, Cuba who were authorized the ASUA for the period 12 May to 5 December 2002. The applicant's name appears on the list.
7. Headquarters, 89th Regional Readiness Command Orders 04-301-00005, dated 27 October 2004 show he was discharged from the USAR on 27 October 2004.
8. A DD Form 215, dated 11 June 2009, amended his DD Form 214 for the period ending 13 February 2004 to add award of the Global War on Terrorism Service Medal and Global War on Terrorism Expeditionary Medal.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows his unit in Cuba, the 346th Military Police Company, was cited for award of the ASUA during the period 12 May to 5 December 2002. Therefore, this award should be added to his DD Form 214 for the period ending 13 February 2004.
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 amending his DD Form 214 for the period ending 13 February 2004 to add the ASUA.
_______ _ _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) AR20140007114
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ABCMR Record of Proceedings (cont) AR20140007114
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