IN THE CASE OF: BOARD DATE: 22 November 2016 DOCKET NUMBER: AR20150014585 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: 22 November 2016 DOCKET NUMBER: AR20150014585 BOARD DETERMINATION/RECOMMENDATION: 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 adding to his DD Form 214 (Certificate of Release or Discharge from Active Duty) the Defense Superior Service Medal (2nd 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. IN THE CASE OF: BOARD DATE: 22 November 2016 DOCKET NUMBER: AR20150014585 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 Defense Superior Service Medal (DSSM). 2. The applicant states the award was completed and presented after his retirement from active duty. 3. The applicant provides copies of the order, certificate, and citation to accompany award of the DSSM. 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 was ordered to active duty as a commissioned officer on 23 July 1985. 3. His records contain Joint Staff Permanent Order J-1SO-0141-11, issued by The Joint Staff, Washington, D.C., dated 7 July 2011, which awarded him the DSSM for the period July 2008 to July 2011. 4. On 31 March 2015, he retired honorably from active duty for length of service. The DD Form 214 issued at that time does not list the DSSM among his authorized awards. 5. He provided Military Personnel Awards Order Number 15-122, dated 4 June 2015, which awarded him the DSSM for the period June 2012 to December 2014. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the DSSM is awarded by the Secretary of Defense to members of the Armed Forces of the United States who after 6 February 1976, rendered superior meritorious service in a position of significant responsibility. The prescribing directive for the DSSM is Department of Defense (DOD) 1348.33–M (Manual of Military Decorations and Awards). DISCUSSION: The evidence shows the applicant received two awards of the DSSM. The awards were note entered on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014585 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014585 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2