IN THE CASE OF:
BOARD DATE: 13 October 2015
DOCKET NUMBER: AR20150003554
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.
2. The applicant states he was in the 1st Battalion, 81st Field Artillery, 56th Field Artillery Brigade, when it was awarded the Army Superior Unit Award for service during the Pershing 2 Missile System fielding. He was assigned between November 1983 to November 1985 and the period for the award was from November 1983 through December 1985.
3. The applicant provides Department of the Army General Order (DAGO) 9, 1987 and DAGO 30, 1987.
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's records for his period of active duty are not currently accessible. His DD Form 214 and service records for his period of service with the Army National Guard (ARNG), which followed his active service, are available and provide sufficient evidence for consideration of the applicant's request.
3. His DD Form 214 shows he enlisted in the Regular Army on 2 August 1983.
4. He was honorably released from active duty on 1 June 1987. His DD Form 214 shows he completed 3 years and 10 months of net active creditable service. It does not show the award of the Army Superior Unit Award.
5. In his ARNG service record is a certificate of achievement, dated 28 January 1985, which notes his unit of assignment as 1st Battalion, 81st Field Artillery Regiment, 56th Field Artillery Brigade.
6. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. The Army Superior Unit Award was established by the Secretary of the Army on 8 April 1985 (DAGO 199015) to recognize outstanding meritorious performance by a unit during peacetime of a difficult and challenging mission under extraordinary circumstances.
7. Department of the Army Pamphlet 670-1 (Guide to the Wear and Appearance of Army Uniforms and Insignia) states unit awards can be worn permanently only when the Soldier was assigned to, and present for duty with the unit any time during the period cited in the award citation.
DISCUSSION AND CONCLUSIONS:
To be authorized permanent wear of the Army Superior Unit Award, the recipient must have been assigned and present for duty at any time during the cited period. A certificate of achievement verifies the applicant was assigned to the unit. The fact he received a certificate of achievement suggests he was properly present for duty. The evidence is sufficient to support the granting of the applicant's request.
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 correcting his DD Form 214 for the period ending 1 June 1987 to show 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.
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