MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            11 March 2003                  
	DOCKET NUMBER:   AR200308403

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr. 		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Shirley L. Powell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Two additional awards of the Meritorious Unit Commendation.

APPLICANT STATES:  That he is entitled to two additional awards of the Meritorious Unit Commendation for a total of three awards of the Meritorious Unit Commendation.  He states that the 13th Signal Battalion was awarded one Meritorious Unit Commendation and that the 1st Cavalry Division and the Third United States Army were each awarded Meritorious Unit Commendations.  The applicant contends that since the 13th Signal Battalion was a subordinate unit of the 1st Cavalry Division that he should have received a second award of the Meritorious Unit Commendation.  Further, he argues that, since the 1st Cavalry Division was a major subordinate command of the Third United States Army, he should have received a third award of the Meritorious Unit Commendation. 

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant entered active duty on 2 March 1989 and completed training as a Mobile Subscriber Equipment Network Switching System Operator.  Records show that he served his entire enlistment in the 13th Signal Battalion of the 1st Cavalry Division including the deployment in support of Operations Desert Shield and Desert Storm to Southwest Asia from 26 September 1990 to 16 April 1991.  The applicant was honorably separated by reason of physical disability with severance pay on 28 July 1992.  

The Army Awards Branch Web Page on the Internet contains the Army Unit Award Citations Listing which shows unit awards received by Army units from January 1988 to the current date.  This listing shows the 13th Signal Battalion received one award of the Meritorious Unit Commendation during the period 23 September 1990 to 15 March 1991 based on Department of the Army General Orders Number 27, dated 27 December 1994.  

The applicant's service personnel records contain a Proceeding of the Army Board for Correction of Military Records (ABCMR), specifically Docket Number AR2002071136, dated 21 May 2002.  In part, these Proceedings corrected the applicant's military records to show entitlement to award of the Meritorious Unit Commendation for the period 23 September 1990 to 15 March 1991 based on Department of the Army General Orders Number 27, dated 27 December 1994.  

The unit award listing also shows that the Headquarters and Headquarters Company of the 1st Cavalry Division received the Meritorious Unit Commendation for the period 16 September 1990 to 15 March 1991 based on Department of the Army General Orders Number 27, dated 27 December 1994.  The 13th Signal Battalion is listed on these same Department of the Army General Orders.

The unit award listing shows that Headquarters and Headquarters Company of Third United States Army received the Meritorious Unit Commendation for the period 2 August 1990 to 30 April 1991 based on Department of the Army General Orders Number 22, dated 1991 and Department of the Army General Orders Number 6, dated 1993.  The 1st Cavalry Division and the 13th Signal Battalion are not listed on these Department of the Army General Orders as recipients of the Meritorious Unit Commendation.

Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board considered the applicant's contention that he was entitled to a second and third award of the Meritorious Unit Commendation.

2.  The ABCMR corrected the applicant's military records to show one award of the Meritorious Unit Commendation awarded to the 13th Signal Battalion for the period 23 September 1990 to 15 March 1991 based on Department of the Army General Orders Number 27, dated 27 December 1994.  

3.  There is no evidence the 13th Signal Battalion received additional awards of the Meritorious Unit Commendation while the applicant was assigned to that unit. 

4.  The Headquarters and Headquarters Company of the 1st Cavalry Division received the Meritorious Unit Commendation for the period 16 September 1990 to 15 March 1991 based on Department of the Army General Orders Number 27, dated 27 December 1994.  The Board noted that these are the same Department of the Army General Orders that authorized the 13th Signal Battalion award of the Meritorious Unit Commendation for the period 23 September 1990 to 15 March 1991 and which were the basis for award of the Meritorious Unit Commendation to the applicant.  These orders do not authorize a second or third award of the Meritorious Unit Commendation to the 13th Signal Battalion.
5.  Department of the Army General Orders show that Headquarters and Headquarters Company of the Third United States Army received the Meritorious Unit Commendation for the period 2 August 1990 to 30 April 1991.  However, these Department of the Army General Orders do not authorize a second or third award of the Meritorious Unit Commendation to the 13th Signal Battalion.

6.  Based on the foregoing, there is no evidence, and the applicant has provided no evidence, which shows that he is entitled to two additional awards of the Meritorious Unit Commendation.

7.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

8.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__SLP__  __SAC___  __TSK___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003084003	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030311	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0034.0000	
2.		
3.		
4.		
5.		
6.