IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140015408
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 (ASUA).
2. The applicant states he served at Kenner Army Community Hospital (currently known as Kenner Army Health Clinic), Fort Lee, VA, during the period 1990-1991, when it received the ASUA in recognition of the support rendered during the deployment and subsequent demobilization of troops that participated in Operations Desert Shield and Desert Storm.
3. The applicant provides a DD Form 214, DD Form 1610 (Request and Authority for Temporary Duty (TDY) Travel of DOD Personnel), and a one-page information paper obtained from the Kenner Army Health Clinic website.
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 on 18 November 1989.
3. His DD Form 214 shows he entered active duty on 8 January 1991.
4. A DD Form 1610, dated 17 January 1991, shows he was authorized TDY travel for the purpose of duty at the U.S. Army Medical Department Activity (MEDDAC), Fort Lee, VA, in support of Operation Desert Shield. The
DD Form 1610 shows his unit of assignment as Company E, Walter Reed Army Medical Center (WRAMC), Washington, DC.
5. A DA Form 638 (Recommendation for Award), dated 29 April 1991, shows he was awarded the Army Achievement Medal for meritorious service during the period 1 February through 1 April 1991, in support of Operation Desert Storm while assigned to the WRAMC.
6. On 9 May 1991, he was released from active duty and transferred to the 2290th U.S. Army Hospital, Rockville, MD. His DD Form 214 shows his unit of assignment during his period of active duty service as Company E, WRAMC, Washington, DC.
7. Department of the Army General Orders Number 12, dated 13 May 1994, awarded the ASUA to the U.S. Army MEDDAC, Fort Lee, VA, for the period
2 August 1990 to 7 July 1991.
8. Section VII (Current and Previous Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows he was a member of the 2290th U.S. Army Hospital, Rockville, MD, from 6 July 1990 to 10 May 1995.
9. There are no orders or any other evidence showing he was assigned or attached to the U.S. Army MEDDAC, Fort Lee, VA, during the period 2 August 1990 to 7 July 1991.
10. 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 contends he is authorized the ASUA based on his period of TDY at the U.S. Army MEDDAC, Fort Lee, VA, in support of Operations Desert Shield and Desert Storm.
2. The evidence shows the U.S. MEDDAC, Fort Lee, VA, was awarded the ASUA for service during the period 2 August 1990 to 7 July 1991. The applicant was in a TDY status with this unit during the period they were awarded the ASUA; however, there is no evidence he was assigned or attached to this unit during the authorized award period.
3. The applicant failed to show that he was assigned or attached to the U.S. MEDDAC, Fort Lee, VA, during the period this unit was awarded the ASUA. Therefore, there is no basis to correct his DD Form 214 to show this unit award.
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) AR20140015408
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015408
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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