IN THE CASE OF: BOARD DATE: 16 January 2018 DOCKET NUMBER: AR20160004543 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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: 16 January 2018 DOCKET NUMBER: AR20160004543 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :EWB :RAV : JJD DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 January 2018 DOCKET NUMBER: AR20160004543 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 Department of the Army General Order (DAGO) 15, dated 11 April 1977, be corrected to show the 467th Engineer Firefighting Platoon was awarded the Army Superior Unit Award for the period 1 February 1995 - 1 February 1996 instead of the 46th Engineer Battalion. He also requests the award be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 17 May 2004. 2. The applicant states the 46th Engineer Battalion is the unit listed on the above order, but the 467th Engineer Firefighting Platoon is the unit that should be listed. 3. The applicant provides a Military Awards Title Page showing a portion of DAGO 15, dated 11 April 1977. 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. On 3 April 1981, the applicant enlisted in the U. S. Army Reserve (USAR) Delayed Entry/Enlistment Program. 3. On 19 August 1981, the applicant enlisted in the Regular Army for 4 years. He served in military occupational specialty 19E (Armor Crewman). On 19 August 1985, he was released from active duty and transferred to the USAR Control Group (Reinforcement). He completed 4 years of active service that was characterized as honorable. 4. On 2 September 1986, the applicant was transferred from the USAR Control Group (Reinforcement) to the 482nd Engineer Platoon, Firefighting, Fort Riley, KS. 5. On 12 July 1987, the applicant extended his enlistment in the USAR and immediately reenlisted in the USAR on the following dates: 22 July 1988, 19 July 1991, and 26 June 1994. 6. On 15 February 1999, the applicant was released from the 482nd Engineer Detachment (Firefighting) and he was assigned to the 323rd Engineer Detachment (Firefighting Team) (WROGAA), Eldorado, KS. 7. On 7 September 1999, the applicant was released from 323rd Engineer Platoon (Firefighting) (WROGAA) and he was assigned to the 467th Engineer Platoon (Firefighting) (WTTXAA), Garden City, KS. 8. On 1 June 2000, the applicant was released from the 467th Engineer Detachment Firefighting, (WTTXU7) and he was assigned to the 467th Engineer Detachment Firefighting Truck Team 2 (WTTXU2), Garden City, KS. 9. The applicant was ordered to active duty in support of Operation Enduring Freedom from 15 March 2003 to 17 May 2004. He served in Iraq from 5 May 2003 through 20 April 2004. His DD Form 214 for this period of service does not show the Army Superior Unit Award. 10. On 22 January 2005, the applicant was transferred to the Retired Reserve. 11. DAGO 15, dated 11 April 1997, obtained from the Army Publishing Directorate, indicates the Army Superior Unit Award was awarded to the 46th Engineer Battalion, which included the 814th Engineer Company, for the period 1 February 1995 - 1 February 1996. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime. The criteria for this award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award. DISCUSSION: 1. The applicant contends the Army Superior Unit Award that was awarded to the 46th Engineer Battalion for the period 1 February 1995 - 1 February 1996 should be shown as being awarded to the 467th Engineer Firefighting Platoon. However, he has provided no official documentation or other evidence to support his contention. 2. The applicant's records show that during the period 1 February 1995 - 1 February 1996 for which the Army Superior Unit Award was awarded to the 46th Engineer Battalion the applicant was assigned to the 482nd Engineer Platoon, Firefighting. 3. The applicant was not assigned to the 467th Engineer Platoon, Firefighting until 7 September 1999. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160004543 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004543 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2