IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160002871 BOARD VOTE: ___x_____ __x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160002871 BOARD DETERMINATION/RECOMMENDATION: USE THE FOLLOWING PARAGRAPH TO GRANT RELIEF. The Board determined the evidence presented is 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 removing from the applicant's official military personnel file the: * Army Superior Unit Award, authorized by of General Orders Number 25, dated 8 June 2001 * Orders 184-72, dated 3 July 2007 __________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. IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160002871 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 removal of General Orders (GO) Number 25, dated 8 June 2001 for award of the Army Superior Unit Award (ASUA) and temporary change of station (TCS) Orders 184-72, dated 3 July 2007 from his official military personnel file (OMPF). 2. The applicant states the unit received the award of the ASUA for their peacetime actions from 10 November 1996 to 4 April 1997, but he was not assigned to the unit during the period for which it was awarded. He believes placement of the orders in in his OMPF was part of a unit batch that was processed without personnel verification. Additionally, he states his records contain TCS orders indicating he was in a specified combat area of operation, which is incorrect. He never deployed on those orders. 3. He provides Orders Number 184-72, dated 3 July 2007 and GO Number 25, dated 8 June 2001. 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 Regular Army on 21 June 1996. 3. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows his assignment to the 1st Battalion, 41st Field Artillery Regiment, Fort Stewart, GA from 12 November 1996 to 3 February 1999. 4. Headquarters, Department of the Army, GO Number 25, dated 8 June 2001, awarded Task Force Eagle Covering Force, 1st Battalion, 7th Field Artillery, 1st Infantry Division the ASUA for the period 10 November 1996 to 4 April 1997. 5. An Army Achievement Medal (AAM) Certificate shows Permanent Orders Number 122-01, issued by 1st Battalion, 7th Field Artillery, on 2 May 2002 awarded him the AAM for the period 23 June 2000 to 24 June 2002. However, his record is void of any evidence that shows he was assigned or attached to the 1st Battalion, 7th Field Artillery during the period the unit was awarded the ASUA 6. Orders Number 184-72, issued by Task Force XII, 12th Combat Aviation Brigade, on 3 July 2007, scheduled the applicant for a TCS deployment. His deployment was in support of Operation Iraqi Freedom with a will proceed date of 16 July 2007 for a period of 455 days. 7. The applicant's annual Noncommissioned Officer Evaluation Report (NCOER) for the period 6 July 2007 through 5 July 2008 rates his duty performance as an Air Ambulance NCO in Germany. There is no reference to his deployment to Iraq. There are also no awards or a change of rater NCOER to show he performed a TCS deployment. REFERENCES: Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states a unit award is an award made to an operating unit, which is worn by members of that unit who participated in the cited action (permanent unit award). Other personnel serving in the cited unit, but who were not assigned to the unit during the action, may be authorized temporary wear of the award (temporary unit award). DISCUSSION: 1. The applicant requests removal of the ASUA, authorized by GO Number 25, dated 8 June 2001. He asserts he was not a member of the unit during the period for which the award was given (10 November 1996 to 4 April 1997). 2. The evidence of record shows he was assigned to the 1st Battalion, 41st Field Artillery Regiment, Fort Stewart, GA from 12 November 1996 to 3 February 1999. The guidance that addresses the wear of unit awards states the award can only be permanently worn if the individual participated in the cited action. Based on his award of the AAM, he was not assigned to the 1st Battalion, 7th Field Artillery until 23 June 2000. Therefore, he could not have participated in the cited action. 3. He also requests removal of TCS Orders 184-72, dated 3 July 2007, from his OMPF. There is no evidence that indicates the applicant performed a TCS move to Iraq in support of Operation Iraqi Freedom in July 2007. His annual NCOER for the period 6 July 2007 through 5 July 2008 does not refer to his deployment and there is no other evidence such as an award or a change of rater NCOER. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002871 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002871 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2