BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002596 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002596 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the Army Superior Unit Award to her DD Form 214. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding award of the Meritorious Unit Commendation to her DD Form 214. ____________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. BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002596 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Superior Unit Award and Meritorious Unit Commendation. 2. The applicant states: a. She was assigned to the 615th Military Police Company from January 1996 to 1998. This unit was awarded the Army Superior Unit Award for the period 15 October 1995 to 10 December 1996. b. She was assigned to the 345th Military Intelligence Battalion from December 2001 to November 2003. This unit was awarded the Meritorious Unit Commendation for service from 20 October 2001 to 5 December 2001. 3. The applicant provides orders for the Army Superior Unit Award and Meritorious Unit Commendation. 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 U.S. Army Reserve (USAR) under the Delayed Entry Program on 10 May 1995. She was discharged from the USAR Delayed Entry Program on 30 August 1995 for immediate enlistment in the Regular Army. She enlisted in the Regular Army on 31 August 1995 for a period of 5 years. 3. Item 35 (Record of Assignments) of her DA Form 2-1 (Enlisted Personnel Qualification Record – Part II) shows she was assigned to the 615th Military Police Company on 9 January 1996. 4. On 30 August 2000, she was honorably released from active duty. Her DD Form 214 shows she was awarded or authorized the: * Army Commendation Medal (2nd Award) * Army Good Conduct Medal * National Defense Service Medal * Military Outstanding Volunteer Service Medal * Army Service Ribbon * Overseas Service Ribbon * German Army Marksmanship Badge (Gold) 5. She provided Headquarters, Department of the Army, General Orders Number 25, dated 8 June 2001, showing the 615th Military Police Company was awarded the Army Superior Unit Award for the period 15 October 1995 to 10 December 1996. 6. USAR Personnel Command Orders C-10-127765, dated 2 October 2001, show she was assigned to the 345th Military Intelligence Battalion effective 27 September 2001. 7. There are no USAR discharge orders in the available records. Her chronological statement of retirement points shows she was discharged from the USAR on 3 March 2004. 8. A DD Form 215 (Correction to DD Form 214), dated 26 October 2005, added award of the Global War on Terrorism Service Medal to her DD Form 214. 9. She provided Headquarters, Department of the Army, General Orders Number 2009-14, dated 16 December 2009, showing the 345th Military Intelligence Battalion was awarded the Meritorious Unit Commendation for the period 20 October 2001 to 5 December 2003. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. General orders show the applicant's unit was cited for award of the Army Superior Unit Award while she was assigned to it. Her DD Form 214 does not show this unit award. 2. Her DD Form 214 is a "snapshot in time" and is a reflection of her record of active Army service at the time of her release from active duty on 30 August 2000. Her unit was cited for award of the Meritorious Unit Commendation for a period of service (20 October 2001 to 5 December 2003) after her release from active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002596 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002596 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2