MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           2 October 2003     
		DOCKET NUMBER:  AR2003087552

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		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:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Superior Unit Award (ASUA).
    
APPLICANT STATES:  In effect, that he was assigned to the 164th Military Police Unit in Germany from 18 December 1983 to 12 June 1985.  He contends that the ASUA was issued to his unit for outstanding service rendered from December 1983 to June 1985.  He states that the award was issued to his company nine days after he was transferred to the United States.
  
EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted on 18 July 1983.  He served as a military policeman assigned to the 164th Military Police Company in Germany from 18 December 1983 through 16 June 1985 and was released from active duty on 17 May 1986.

The applicant's DD Form 214 does not show the ASUA as an authorized award.

There are no orders for the ASUA in the applicant's service personnel records.  

There is no evidence in the applicant’s service personnel records that his unit was awarded or qualified for award of the ASUA during the period December 1983 to June 1985.  

The U.S. Total Army Personnel Command, Military Awards Branch Home Page, Unit Citation and Campaign Participation Credit Register, indicates that the applicant’s unit was not awarded the ASUA during the time he was assigned       to it (but was awarded it during the period 26 June – 22 September 1990 and      8 October 1991 – 29 June 1992). 

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the ASUA was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime.  Circumstances may be deemed to be extraordinary when they do not represent the typical day-to-day circumstances under which the unit normally performs, or may reasonably be expected to perform, its peacetime mission.   

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.  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.

2.  The Board noted the applicant’s contention that he is entitled to an award of the ASUA for service in the 164th Military Police Company for the period December 1983 to June 1985.  However, evidence of record shows the applicant’s unit was not awarded the ASUA while he was assigned to it.  Therefore, the Board determined that there is insufficient evidence on which to base award of the ASUA in this case.  

3.  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

KAN____  LE______  JTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087552	
SUFFIX		
RECON		
DATE BOARDED	20031002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0035	
2.		
3.		
4.		
5.		
6.