IN THE CASE OF:	  

		BOARD DATE:	  9 September 

		DOCKET NUMBER:  AR20130021627 


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 include his award of the Army Commendation Medal and the Army Superior Unit Award. 

2.  The applicant states both awards were authorized for the period he was on active duty but were not finalized until after his separation and not included on his DD Form 214.

3.  The applicant provides a copy of a DA Form 638-1 (Recommendation for Award).

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 served on active duty in the Regular Army from 18 July 1991 through 17 July 1995.

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) provides the following – 

* service with the 110th Military Intelligence Battalion from 10 October 1992 through 17 July 1995
* award of the National Defense Service Medal, Army Service Ribbon, Driver and Mechanic Badge with Driver-W Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars

4.  10th Division Support Command Special Orders 206-1, dated 25 July 1995, awarded the applicant the Army Commendation Medal for meritorious service for the period 18 July 1992 to 17 July 1995 as an end of term of service award.

5.  His DD Form 214 lists his awards as the Army Achievement Medal (2nd award), Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, and Driver and Mechanic Badge with Driver-W Bar.

6.  The U.S. Army Human Resources Command Website for Approved Unit Awards shows that the 110th Military Intelligence Battalion was awarded the Army Superior Unit Award for the period 1 January 1994 through 31 December 1994 by Department of the Army General Order (DAGO) Number 14, dated      11 April 1997.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars, none of which were included on his DD Form 214.  It is appropriate at this time to correct the applicant's DD Form 214 to include these awards.

2.  The applicant’s unit was awarded the Army Superior Unit Award.  It is appropriate at this time to correct the applicant's DD Form 214 to include this unit award.



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 adding to his DD Form 214 the – 

* Army Commendation Medal
* Army Superior Unit Award
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars



      ____________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)                                         AR20130021627



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ABCMR Record of Proceedings (cont)                                         AR20130021627



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